DAYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Appeal No.2178/2017 is filed by Accused No.13; Criminal Appeal No.2171/2017 is filed by Accused Nos.16 and 17; Criminal Appeal No.2172/2017 is filed by Accused Nos.7,8,9,10 and 12; and Criminal Appeal No.2193/2017 is filed by Accused Nos.2 and 3. All these appeals are filed against the common Judgment of conviction and order of sentence dated 29.11.2017/6.12.2017 made in S.C. No.231/1998 c/w S.C. No.135/1999 c/w S.C. No.212/1999 c/w S.C. No.297/1999 on the file of VII Addl. District & Sessions Judge, Bangalore Rural district, Bangalore, in so far as convicting Accused Nos.2,3,7 to 10, 12,13, 16 and 17 for the offences punishable under Sections 143, 148, 448, 324, 428, 302 r/w 149 of IPC and sentencing each of them to undergo imprisonment for a period of 3 months for the offence under Section 143 r/w 149 of IPC; imprisonment for a period of one year with fine of Rs.1,000/- for the offence under Section 148 r/w 149 of IPC; imprisonment for a period of six months for the offence under Section 448 r/w 149 of IPC; imprisonment for a period of one year with fine of Rs.1,000/- for the offence under Section 324 r/w 149 of IPC; imprisonment for a period of six months with fine of Rs.2,000/- for the offence under Section 428 r/w 149 of IPC; and imprisonment for life with fine of Rs.25,000/- for the offence under Section 302 r/w 149 of IPC.

(2.) It is the case of the prosecution that Accused No.1 Shantharaju (now dead) had a land in Somanahalli village, Uttarahalli Hobli, Bangalore south taluk, to an extent of 2 acres and he was growing fruits and vegetables in the said land. He had put fencing with gate for the entire extent of land and in his land, there was an electric transformer and from it, electricity was being supplied to the areas in and around the land. The deceased Narayana and PW.1 Thimmaiah, PW.2 Doddavenkatappa and PW.3 Hombalaiah, residents of Somanahalli village had larger extent of lands and also sugarcane zagari machine (Alemane) for which electricity supply was from the transformer fixed in the land of Accused No.1. The deceased Narayana and their family members used to enter the land of Accused No.1 and unauthorisedly fix fuse and keep open the gate of garden and because of the said act, cattle used to enter and eat the crop and cause damage. Therefore, Accused No.1 has objected and hence, the deceased Narayana has abused and threatened Accused No.1.

(3.) It is further alleged that on 9.5.1998 at 6.30 p.m. when accused No.4 Francis Kumar and his sister's husband D. Francis while returning from their land near Joseph farm, the deceased Narayana and his servant Nagaraj picked up quarrel with them and exchange of words and hand blows took place between them. When Accused No.4 and D. Francis were returning and when they came near Mariswamy's house, the deceased Narayana and PWs.1 and 2 and their men came in a group and attacked them though they had taken shelter in the house of Mariswamy and after entering the said house by removing tiles, assaulted Accused No.4 and his brother-in-law D. Francis. On the incident, the deceased Narayana lodged a complaint at 8.30 p.m., pursuant to which FIR in Crime NO.77/1998 was registered for the offences punishable under the provisions of Sections 341 and 307 of IPC. On the same incident for having caused injuries to Accused No.4 Francis Kumar and D. Francis, D. Francis had lodged complaint upon which case was registered in Crime No.78/1998 for the offences punishable under Sections 324, 307 r/w 34 of IPC.