DHARMAPRAKASH AND ORS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant Nos. 1 to 3 were Accused Nos. 1 to 3 in SC No.92/1998 before the Fast Track Court-I at Tumkur. They along with three other accused arraigned as Accused Nos. 4 to 6 were tried for the offences punishable under Sections.147, 148, 341, 323, 504, 324, 302 and 201 r/w 149 of IPC. All the accused persons pleaded not guilty for the offences levelled against them and claimed to be tried.

(2.) The trial Court after recording the evidence and on appreciation of oral as well as documentary evidence, by the judgment under appeal, convicted these appellants for the offences punishable under Sections. 324 and 304 Part-II of IPC. However the Trial Court acquitted Accused Nos. 4 to 6 of all the charges levelled against them. The appellants were sentenced to undergo R.I. for three months with a fine of Rs.500.00 each for the offence punishable under Sec. 324 of Penal Code and to undergo R.I. for three years and to pay fine of Rs. 1,000.00 each for the offence punishable under Sec. 304 Part-II of IPC. Aggrieved by the said judgment of conviction and order of sentence, Accused Nos. 1 to 3 are in appeal before this Court. Against the order of acquittal of Accused Nos. 4 to 6, the State has not filed any appeal. Thus, the order of acquittal passed against Accused Nos. 4 to 6 has become final.

(3.) The case of the prosecution in brief is that, at about 6.30pm on 07.01.1998, the deceased Chikkayyappa and PW.2-Kanthraju were proceeding towards their house on Byrasandra-Kodihalli Road from their land and when they reached near the land of one Hale Thotada Ganganna in Byrasandra Village, Gulur Hobli, Tumkur Taluk, the accused persons by forming themselves into an unlawful assembly with the common object of committing murder, came there holding dangerous weapons like sticks, macchu(sickle), etc, and committed act of rioting on the deceased Chikkayyappa as also PW.2-Kantharaju, as a result, both of them sustained grievous injuries. On seeing the villagers coming there, the accused persons ran away from the place. Thereafter, immediately, the two injured persons were brought near the house and in the meanwhile, the jurisdictional police were informed. Immediately the police came to the village with a van and shifted the two injured persons to the hospital at Tumkur, wherein they were initially treated and later the deceased Chikkayyappa was shifted to Victoria Hospital, Bangalore, for treatment. While PW.2 was in the hospital at Tumkur, his statement was recorded about the incident, based on which, the case came to be registered and investigation, was taken-up. Initially the case was registered for the offence punishable under Sec. 307 of Penal Code apart from other allied offences.