GURUSWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment rendered by the Trial Court in S.C.No.7/2009 dtd. 20/4/2011 convicting the accused for offences punishable under Ss. 143, 147, 148, 324, 326 read with Sec. 149 of the Indian Penal Code, 1860 (for short 'IPC') and also sentenced to pay fine for the aforesaid offences as incorporated in the operative portion of the order. This appeal is filed seeking for consideration of the grounds urged in this appeal and consequently to set aside the judgment of conviction and order of sentence rendered by the Trial Court for the grounds urged therein.

(2.) Heard the learned counsel Shri H.C.Hanumaiah for Accused Nos.2 to 4 and so also learned Senior counsel Shri C.H. Hanumantharaya in respect of Accused No.1, who is on record, but in conformity with the arguments of the counsel for Appellants No.2 to Appellants No.4. However, heard arguments of the learned counsel for appellants and learned HCGP in toto. Perused the impugned judgment of conviction and order of sentence rendered by the Trial Court in S.C.No.7/2009 dtd. 20/4/2011 consisting the evidence of PWs 1 to 12 and also documents at Exhibits P1 to P9 inclusive of material objects i.e. MO-1 to MO-4.

(3.) Factual matrix of the appeal are as under: It transpires from the case of the prosecution that on 28/2/2007 at around 8.00 a.m. in the morning hours at Thayappanadoddi village, when the complainant and the injured Nanjappa were present in complainant's house, the accused persons are alleged to have formed an unlawful assembly and trespassed into the house of the complainant by holding deadly weapons such as chopper, clubs in their hands. The accused are alleged to have entered into the compound of the house of the complainant out of previous ill-will or animosity which had developed in between the complainant's family and the accused family. In furtherance of the common object relating to the land in dispute, the accused is said to have thrown/slashed a chopper on the head of Nanjappa / PW-1 and in order to avoid the hit made by the accused that he had prevented it using his hand as wards for rescue. As a result, he had sustained bleeding injuries on his right hand palm part. In the meanwhile of the incident, wife of the complainant Susheelamma / PW-2 and sister-in- law Manjula / PW-3 had intervened to pacify the quarrel / quell the incident. Because of the said intervention, Accused No.4 is alleged to have assaulted Manjula with the hind portion of the chopper alleged to be used by Accused No.1. As a result of that, Manjula had sustained injuries on her left forearm. In the meanwhile of the incident, PW-1 Nanjappa had sustained injuries on his head part and also on his right palm and his right hand fingers are alleged to be cut off by sustaining grievous injuries. PW-2 / Susheelamma and PW-3 / Manjula had sustained injuries voluntarily and the incident has been narrated in the complaint. In pursuance of the act of the accused, on the filing of a complaint statement at Exhibit P2 by the complainant i.e., the victim Nanjappa / PW-1, criminal law was set into motion by registering the case in Cr.No.103/2007 for alleged offences punishable under Ss. 143, 147, 148, 324, 506 read with Sec. 149 of the IPC, 1860. But Sec. 307 of the IPC has been invoked in the aforesaid crime based upon the supplementary statement given by PW-1 / Nanjappa while he got admitted in Victoria Hospital and was an in-patient in the said hospital for a period of 26 days.