BASAVARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and the learned Government Pleader.

(2.) THE petitioners were the accused before the trial court in the following background: It was the case of the prosecution that on 5.3.2006 at about 9.30a.m., the accused were laying fence on their vacant site. At that point of time, it transpires that one Somanna had questioned the accused as to their activity, at which point of time, accused no.2 is said to have caught hold of Somanna and accused no.1 had assaulted him with a crow-bar on his head and thereby caused grievous injuries. The said Somanna was rushed to a hospital and he was admitted therein. In this background, a complaint had been instituted by CW.1, the wife of Somanna on 6.3.2006 and thereafter investigation having been taken up, the accused were arrested and the weapons used in the incident were seized and the blood-stained clothes of the injured were seized and the statements of the witnesses were recorded and thereafter, the accused were charge-sheeted. The accused having pleaded not guilty, the prosecution at the trial, had examined PW.9 and marked Exhibits P.1 to P.7 and Material Objects Mos. 1 to 3. On the basis of the evidence and the contentions urged, the court below had framed the following points for consideration: