CHOWDAPPA @ BADDI CHOWDAPPA Vs. STATE

JUDGEMENT

(1.) THE appellants have challenged the judgment and order convicting them for the charge under Sections 323 and 341 of IPC on a trial held by Special Judge, Bangalore Rural.

(2.) THE facts relevant for the purpose of this appeal are as under: The appellants are the sons of accused Nos.1 and 2 who are their father and mother. Accused Nos.1 and 2 died during the pendency of trial. The prosecution claims that accused No.1 was doing money lending business and had advanced loan to the complainant on different occasions and a sum of Rs.85,000.00 was due and in this context, PW1 ­ the complainant claims that on 10.07.1995 at about 10.00 a.m. when the lorry of complainant was being taken back to his house, the accused inclusive of appellants said to have stopped the lorry and insisted the complainant to pay Rs.2,00,000.00 and as the amount was not paid, the accused said to have kicked the complainant and bet him. It is in these circumstances that a complaint came to be filed with police as per Ex.P1. During the course of investigation, spot mahazar was held, statement of witnesses were recorded and on collecting of the material documents, chargesheet came to be laid against the appellants and other accused for the charge under Section 3(1)(x) of the Act of 1989, Section 39 of Karnataka Money Lenders Act and for the offence under Sections 323 and 341 of IPC.

(3.) I have heard learned Counsel for the appellant and learned High Court Government Pleader for the State.