LAWS(KAR)-2012-7-544

B C THAMMAREDDY S/O CHANNAPPA Vs. STATE

Decided On July 18, 2012
B C THAMMAREDDY S/O CHANNAPPA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal filed under Sec. 374(2) of the Crimial P.C. by accused Nos.1 to 5 in S.C.No.134/2003 on the file of the Principal Sessions Judge at Kolar, is directed against the judgment of conviction and order of sentence dated 30th Aug. 2005, convicting them for the offences punishable under Sections 148, 341 and 307 read with Sec. 149 of Penal Code and sentencing them to undergo imprisonment for various periods and also to pay fine.

(2.) Appellants were charge sheeted by the Police Inspector, Rural Police Station, Chintamani, for the offences punishable under Sections 143, 147, 148, 321 and 307 read with Sec. 149 of IPC, interalia alleging that at about 10:00 p.m. on 16.10.2002, accused Nos.1 to 5 forming themselves into an unlawful assembly the common object of which was to commit murder of PW1-Ramesh, in the background of previous ill-will and animosity and in furtherance of the said common object, all of them armed with deadly weapons like chopper, axe, knife, long etc., was laid PW1 near the house of one Chowdappa in Doddaganjur village of Chintamani Taluk and committed acts of rioting on PW1 with the dangerous weapons, which they had held, thereby, caused grievous injuries and thereby the accused persons are guilty of having committed the aforesaid offences.

(3.) According to the prosecution, PW3- G.N.Krishnareddy and PW4-G.A.Radhakrishna being eyewitnesses to the incident of assault on PW1, shifted him to the Government Hospital at Chintamani, where PW1 was treated initially by PW6-Dr.B.Y.Praveenkumar, who having regard to the serious condition of the injured, referred him to a major hospital and accordingly, the injured was brought to R.L.Jalappa Hospital & Research Centre, Tamaka, Kolar at about 00:30 hours on 17.10.2002, where he was treated as inpatient. Thereafter, the Authorities of R.L.Jalappa Hospital sent the intimation as per Ex.P4 to Gulpet Police Station at Kolar intimating the police that as the patient is in operation theatre, his statement should be recorded later. Thereafter, on 18.10.2002 at about 10:00 a.m. PW5- D.H.Munivenkatappa ASI, Gulpet Police Station, on being directed by PSI, went to the hospital and recorded the statement of PW1 about the incident, as per Ex.P1, in the presence of the Doctor treating him in R.L.Jalappa Hospital and on return from the Hospital, he sent the said recorded statement to Chintamani Rural Police Station on the point of territorial jurisdiction. PW8-Mohammed Rafi, PSI, Chintamani Rural Police Station, on receipt of Ex.P1 from Gulpet Police Station through Head Constable Sri.Venkateshappa at about 02:30 p.m. on 18.10.2002, registered the case in Crime No.141/2002 and submitted the FIR to the jurisdictional Magistrate as per Ex.P5 and the FIR reached the jurisdictional Magistrate at 06:10 p.m. on the same day. PW8, during investigation, visited the scene of occurrence, conducted spot mahazar, seized the M.O. Nos.1 to 5 being weapons of offence, recorded the statements of PW3, PW4 and others, arrested and released the accused persons who appeared before him on 15.12.2002 along with the copy of the order of anticipatory bail. After completion of the investigation, PW8 laid charge sheet.