YALLAPPA Vs. SANTOSH

JUDGEMENT

(1.) The complainant in Crime No.51 of 2009 of Savanur Police Station, has preferred this appeal assailing the impugned judgment of acquittal passed in favour of accused Nos.4 to 7 and 9 to 12 for the offence punishable under Sections 143, 148, 307 and 324 read with Section 149 of Indian Penal Code (hereinafter referred to as the IPC for the sake of brevity) and acquittal of accused Nos.1 to 3 and 8 for the offence punishable under Sections 143, 148 and 307 read with Section 34 of IPC and also aggrieved by the sufficiency of sentence imposed on accused Nos.1 to 3 and 8 for the offence punishable under Section 324 read with Section 34 of IPC.

(2.) Brief facts of the case are that, the appellant herein was admitted to the Government Hospital at Savanur. His statement was recorded by the police. The complainant stated that his brother Nagaraj was the driver of the mini lorry belonging to Ramanagouda Patil. About two years back, his brother Nagaraj was driving the said mini lorry and when many persons were traveling in the same, it met with an accident on Karadagi road, in which, 4 to 5 persons died and several persons were injured. A criminal case was registered against the said Nagaraj for causing death and injury by his rash and negligent driving of the mini lorry. In connection with the said criminal case, Nagaraj was attending JMFC Court, at Savanur regularly.

(3.) It is stated that on 18.03.2009, the complainant and his brother Nagaraj went to the Court to attend the criminal case. Since the witnesses have not turned out, the case was adjourned. Therefore, the complainant and his brother Nagaraj were coming out of the Court hall and were in front of the chambers of the Government Advocate. In the meantime, accused Nos.1 to 12 forming themselves into an unlawful assembly, with common object of committing crime, armed with beer bottle and iron rod, assaulted the complainant and his brother all over their body and caused grievous hurt. The advocate representing Nagaraj and others came and intervened in the matter. The incident had taken place at 1.45 p.m. within the Court precinct. The informant stated that since the accused have committed the offences with an intention to cause their death, requested the police to register the case and to initiate legal action. Accordingly, FIR was registered and the investigation was undertaken.