ANSAR AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been filed challenging the judgment dated 16.4.2004 passed by the Ist Addl. Sessions Judge, Mysore, in S.C. No. 218/2002 convicting the accused-appellants for the offence under Sections 143. 147.149. 149, 307 read with 34 IPC and sentencing them to pay a fine of L 300/- each, for offence under Section 143 read with 149; to undergo rigorous imprisonment for 3 months for offence under Section 147 read with 149 IPC; to undergo rigorous imprisonment for 2 years for offence under Section 148 read with 149 IPC and rigorous imprisonment for 5 years for offence under Section 307 read with 140 IPC and to pay a fine of L 1.000/- each, in default to undergo simple imprisonment for 3 months.

(2.) It is the case of the prosecution that on 1.7.2001 at about 10 p.m.. near Azeezia Circle situated at 10th Cross. Rajendranagar. Mysore, A2 to A6 alongwith Al formed themselves into an unlawful assembly with the common object of murdering Iqbal @ Acid Iqbal by committing rioting, and by holding deadly weapons like chopper and talwar and attempted to commit murder of Iqbal @ Acid Iqbal thereby they are alleged to have committed offence under Sections 143, 147, 148, 307 read with 149 IPC.

(3.) The prosecution to prove its case has examines in all 13 witnesses and got marked Ex. P1 to P 15 and produced M.Os. 1 to 3. The defence of the accused was one of total denial. However, after hearing the prosecution and defence, the learned Sessions Judge was pleased to hold that the appellants have committed offences as hereinabove mentioned and sentenced them accordingly. The convicted accused have filed this appeal.