LAWS(KAR)-2011-8-73

AYYAPPA Vs. STATE OF KARNATAKA

Decided On August 10, 2011
AYYAPPA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THE appellants have challenged their conviction and sentence for the offence punishable under Section 353 read with 34 of IPC on a trial held by the Sessions Judge, Bangalore City.

(2.) THE facts relevant for the purpose of these appeals are as under: Cubbon Park Police, Bangalore registered Crime No. 330/2002 for the offence punishable under Section 302 read with 34 of IPC. Accused Nos. 1 to 4 and one Linga were involved in the said crime and, therefore, the police were searching for them. P.W. 13 the Police Sub -Inspector was entrusted with the duty alongwith other police constables to apprehend the accused and to produce them, for the purpose of investigation. P.W. 13, who was accompanied by the other police constables, was in search of the said accused and he received an information from P.W. 15 B. Shivaram, the Police Inspector, that the said accused were travelling in Tata Sumo vehicle bearing No. KA -05 M -8588 and were proceeding from Hosur Road via. St. Marks Road, Grant. Road., Siddalingaiah Circle, Cubhon park, Immediately, P.W. 13 along with the staff came to Mallya Circle, and as the accused were said to be dangerous persons, he secured the police officers from, other police Stations and was waiting at St. Joseph ™s circle gate and within few minutes other police officers joined them and also Police Inspector B. Shivaram. While they were waiting for the accused, as expected, the vehicle Tata Sumo came through Grant Circle and was proceeding towards Siddalingaiah Circle. They identified accused No. 1 Ayyappa sitting in the front seat of Tata Sumo, They gave a signal to stop the vehicle but the said driver increased the speed, as if, that they would pass the vehicle on the police officials. After escaping from the vehicle, they chased the Tata Sumo at Siddalingaiah Circle and as there was road signal, the Tata Sumo was stopped. The accused were not in a position, to run away form the spot, as there were many vehicles and all the accused including Jagadeesh, Peter Prasad, etc., got down from. the vehicle and they were armed with sword, chopper, etc., and made an effort to cause assault on the police officials. Thereafter, they assaulted one of the police officer and some others sustained injuries in their attempt to apprehend the accused and then the police threatened them by showing the revolver, and surrounded the accused and apprehended them at about 12.45 pm. A complaint on these facts came to be registered in Cubbon Park Police Station in Crime No. 333/2002 for the offences punishable under Section 353, 279 and 307 read with 34 of IPC. During the investigation, the spot Mahazar was held, the statement of the witnesses were recorded. The weapons were seized, the injured was taken to the hospital for treatment and on completion of investigation, a charge -sheet came to be filed against the accused for the aforesaid offences. During the trial, the prosecution examined 17 witnesses, got marked Exs.Pl to P14 and MOs 1 to 6. The statement of the accused were recorded under Section 313 Cr.P.C. They have taken the defence of total denial and have not led. any defence evidence. The trial Court alter hearing the parties and on appreciation of the material on record convicted the accused -appellants herein for the offence under Section 358 read with 34 of IPC and ordered them to undergo simple Imprisonment for 18 months. Aggrieved by the conviction and sentence, the present appeals have been filed.

(3.) PER contra, the learned High Court Government Pleader supported the judgment and order of the Court below.