GANAPATHI GOWDA AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 30.1.2008 rendered by the Presiding Officer, Fast Track Court -2, Mysore in SC No. 90/2005, convicting all the accused mainly under Section 302 read with 149 IPC. Under this provision, they are sentenced to suffer R.I. for life imprisonment and to pay fine of Rs. 5,000/ - each, in default to undergo S.I. for a period of two years.

(2.) THE prosecution case, in brief, is that on 19.1.2005, at about 1.45 p.m. all the six accused by forming unlawful assembly near the bridge (pala) of Cheeranahalli village assaulted one Boregowda by means of chopper, wooden clubs and pick -axe and caused grievous injuries resulting in his death on 31.1.2005. The incident was allegedly witnessed by P.Ws. 1 to 5. After the incident, P.W. 1 informed the police on telephone about the assault. The police (P.Ws. 18 and 32), immediately rushed to the scene of offence and noticed that the deceased -Boregowda was lying in a pool of blood near pala. They immediately shifted him to K.R. Nagar General Hospital where P.W. 13 -Dr. Madhav, attached to the said hospital gave him First Aid, and after recording history of assault in the MLC Register, as narrated by the injured, referred him to K.R. Hospital, Mysore. Boregowda was under treatment in K.R. Hospital at Mysore for about 11 days. On 31.1.2005 he succumbed to the injuries. P.W. 13 -H.N. Siddaiah, recorded an FIR -statement of P.W. 1 -Dhanaraj and on the basis thereof, registered a crime bearing Cr. No. 12/05 and set investigation in motion. During the investigation, statements of several witnesses were recorded, out of which, 32 witnesses were examined in the course of trial as P.Ws. 1 to 32. Several documents and material objects were also placed on record being Exs.P1 to P31 and Mos.1 to 9 in order to bring home guilt of the accused. The trial Court, after considering the entire evidence on record, more particularly, depositions of P.Ws. 1 to 5 and the medical evidence, convicted the accused for the offence punishable under Section 302 IPC read with Section 149 of IPC.

(3.) WITH the assistance of learned counsel for the parties, we have gone through the entire evidence on record. P.Ws. 1 to 5 have stated as to how the incident occurred and what was the role played by each of the accused. Their evidence is consistent and it supports the prosecution case insofar as the assault is concerned. It would be advantageous to reproduce the relevant portion (paras 5 -6) of the deposition of P.W. 1, wherein he has narrated as to how the incident occurred, what were the roles of each of the accused, what weapons were used by them etc., which read thus: