PRABHU S/O RANGASWAMY AND ORS Vs. STATE

JUDGEMENT

(1.) This appeal by the convicted accused Nos.2 and 3 in Sessions Case No.139/2004 before the Presiding Officer, Fast Track Court Kollegal, is directed against the judgment of conviction and order of sentence dated 28.07.2005 passed in the said case, convicting them for the offence punishable under Sec. 332 of the Indian Penal Code and sentencing them to undergo imprisonment for six months and also to pay fine of Rs.500.00 for the said offence.

(2.) The two appellants along with 14 others took their trial in the aforesaid case for the charges punishable under Sections 143, 147, 148, 341, 504, 332, 114 and 307 read with Sec. 149 of the Indian Penal Code (hereinafter for short I.P.C.). All the accused persons pleaded not guilty for the charges levelled against them. After full fledged trial, the learned Sessions Judge acquitted all the accused persons of the charges levelled against them for the offences punishable under Sections 143, 147, 148, 341, 504, 114 and 307 read with Sec. 149 of I.P.C. Except these two appellants, all other accused persons were also acquitted of the charge levelled for the offence punishable under Sec. 332 read with Sec. 149 of I.P.C. However, these two appellants were found guilty of the offence punishable under Sec. 332 read with Section 149 of I.P.C. and accordingly, they were convicted and sentenced to undergo imprisonment and also to pay fine, as noticed supra. Being aggrieved by the said judgment of conviction and the order of sentence, these two appellants are in appeal before this Court.

(3.) The case of the prosecution in brief was, at about 11:00 a.m. on 15.06.2002, P.Ws.1 to 11 and 13 as well as all the accused had gathered for a panchayath, near open site behind petty shop of one Basavayya in Lokkanahalli village to discuss regarding a quarrel which had taken place earlier in the village, in the lunch arranged in connection with a marriage function. After the discussion was over and a decision had been taken in the Panchayath, there ensured a quarrel between two groups. P.W.14 Rajesh Babu, Head Constable of Hanur Police Station, discharging duty in the Out Post Police Station at Lokkanahalli, received information about the quarrel and immediately he along with P.W.20 Mahadevaiah Police Constable came near the chawadi. P.W.16 Siddaraju Naika, Assistant Sub-Inspector, Hanur Police Station, also received telephonic message about the quarrel and immediately he along with his staff came to Lokkanahalli village and reached the place where the quarrel was going on. While they were watching, in the midst of quarrel, there was an assault on P.W.1 Rachappa and P.W.5 Kenchaiah. On seeing the assault on P.Ws.1 and 5, P.W.20 intervened and tried to pacify the members of both the groups. At that juncture, accused No.3 Rudra @ Rudraswamy, annoyed by the intervention of P.W.20, kicked P.W.20, as a result, P.W.20 fell on the ground and immediately accused No.2 assaulted P.W.20 with the chopper on the head. Thereafter, when accused No.3 tried to stab P.W.20 with a knife on the chest, someone pulled him to a side and thereby saved his life. At that juncture, P.Ws.14 to 16 separated the warring groups and shifted the injured P.W.20 as well as P.Ws.1 and 5 to the Hospital for treatment. In respect of this incident, P.W.1 gave a complaint statement at about 04:00 p.m. in the Out Post Police Station, which came to be recorded as per Ex.P-1 by the Head Constable and the same was sent to Hanur Police Station. Based on Ex.P-1, case came to be registered in Crime No.51/2002 and investigation was taken up. During investigation, the statement of the witnesses were recorded, wound certificates were received, accused persons were apprehended and after completion of investigation charge sheet came to be laid.