(1.) THIS appeal is by the accused Nos. 1, 5, 6, 7 and 9 against the judgment of convection in S.C. No 22/2003, dated 09.09.2005. on the file of the Fast Track Court III. Kolar.
(2.) MAASTI Police Station. Malur Taluk, Kolar District had charge sheeted the accused Nos. 1 to 18 for the offences punishable under Sections 143, 147, 148, 323, 324, 506 and 307 r/w Section 149 of IPC. However, the accused were tried for the offences punishable under Sections 148 and 307 r/w Section 149 of IPC.
(3.) PW 2 -the doctor examined PWs. 1, 3, 4, 5, 6 and 9. Since the injuries suffered by PW -9 were grievous in nature and it was head injury, he was referred to NIMHANS Hospital, Bangalore and other injured were treated in SNR Hospital at Kolar. PW2 issued intimation to the Maasti Police Station as per Exs. P7 to P11, informing that, PW1 and others have been admitted to the hospital for the injury suffered in the assault. PW19 -Sub inspector of Police, went to the hospital: and. recorded the statement of PW1 as per Ex. P1 and registered the ease in Crime No. 14/02 for the offences punishable under Sections 143, 147, 148, 324 and 506 r/w Section 149 of IPC/ PW19 went to the spot and conducted spot mahazar as per Ex. P13 and seized material objects. He also recorded the statement of witnesses. PW14 along with PW 16. arrested the accused Nos. 1, 3, 4, 5, 7 and 8. It appears that other accused were on anticipatory bail, they appeared before the police. PW 19 on completion of the investigation. filed the chargesheet.