ASHOK C. R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These criminal appeals are filed by the appellants Accused Nos. 2 to 8 against the impugned judgment of conviction and order of sentence dated 5th October 2016 made in S.C. No.89/2013 on the file of the IV Addl. District & Sessions Judge, Madhugiri in so far as convicting and sentencing them for the offences punishable under Sections 143, 147, 148, 302, 307 r/w 149 of IPC.

(2.) It is the case of the prosecution that there was fire incident in the land of the deceased Krishnappa on 25.3.2012 at 8.00 p.m., in which some trees were burnt and therefore, the deceased Krishnappa and PWs.2 to 5 had been to the land. When they were returning back, the deceased Krishnappa was scolding the accused in view of the fire incident in his land and they were all going near the gate of their village at about 9.30 p.m.. At that time, the accused persons forming an unlawful assembly came there armed with lethal weapons, in the background of earlier enmity, with an intention to kill Krishnappa by picking up a quarrel and accused NO.1 assaulted Krishnappa on right hand with Rotikudlu, Accused No.2 assaulted Krishnappa on right leg with sickle causing bleeding injury; Accused Nos.5 to 8 assaulted Krishnappa wherever they could with reaper pieces; Accused Nos.1 and 2 cut off the right hand of Krishnappa, who succumbed to the injuries at the spot. Accused No.2 assaulted PW.2 with sickle on her head with an intention to kill her causing simple injuries and accused Nos.3 and 4 assaulted PW.3 with clubs with an intention to kill him causing grievous injuries.

(3.) On the basis of the complaint lodged by PW.2 wife of the deceased, the jurisdictional Police registered criminal case against the accused persons for the offences punishable under Sections 143, 147 148, 302, 307 r/w 149 of IPC. After completion of the investigation, the jurisdictional Police filed the charge sheet. The learned Sessions Judge framed the charge, read over to the accused, who pleaded not guilty and claimed to be tried.