PUTTARAJA @ PUTTA AND ORS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants, who are accused Nos.1, 2, 4 to 6 in S.C.No.704/2005 on the file of Addl. Sessions Judge & Presiding Officer, Fast Track Court-I, Bangalore City, have challenged the Judgment dated 18.10.2008 convicting them for the offences under Sections 143, 147, 148 read with Sec. 149 of Penal Code and Sec. 302 read with Sec. 149 of Penal Code and sentencing them to undergo S.I. for six months for each of the offences under Sections 143, 147, 148 read with Sec. 149 of Penal Code and to undergo R.I. for life and to pay a fine of Rs. 5,000.00 each for the offence under Sec. 302 read with Sec. 149 of IPC. The parties have been referred according to their rank before the trial Court.

(2.) It is the case of the prosecution that on 4.9.2004 the appellants along with 13 others [in all 16 accused] entered into a criminal conspiracy to cause the death of deceased Venkatesh on account of prior instances of dispute between the accused Nos.1 to 6 and deceased Venkatesh in respect of riding a Hero Puch vehicle, which happened on 28-9-2004 at 9 p.m. and also on account of the volley ball that had fallen on the roof of the house of Smt.Munirathna-niece of the deceased, thereby, they are alleged to have committed an offence under Sec. 120(B) of Penal Code read with Sec. 149 of IPC.

(3.) It is the further case of the prosecution that pursuant to the above said conspiracy and with common object of causing the death of deceased Venkatesh on 4.9.2004 at about 3 p.m. the accused formed themselves into an unlawful assembly in front of shop of one Smt.Prema near Masjid of Deepanjalingar 4th Cross, within the limits of Byatarayanapura Police Station with a common object of committing the murder of Venkatesh, thereby, they are alleged to have committed an offence under Sec. 143 read with Sec. 149 of IPC.