KABBALLI DURUGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in Criminal Revision petition No.649/2013, as accused Nos.1 to 9 respectively, were tried by the Court of the learned Civil Judge (Jr.Dn.) and Judicial Magistrate First Class at Harapanahalli, Davanagere District (hereinafter for brevity referred to as "the Trial Court") in C.C.No.51/2006, for the offences punishable under Ss. 143 , 147 , 148 , 323 , 324 , 326 , 354 , 504 , 506 , 114 read with Sec. 149 of the Indian Penal Code, 1860, (hereinafter for brevity referred to as "the IPC ") and were acquitted for the offence punishable under Sec. 354 of the IPC but were convicted for the other alleged offences by its judgment of conviction and order on sentence dtd. 18/1/2010.

(2.) The summary of the case of the prosecution in the Trial Court in C.C.No.51/2006 was that, on the date 11/11/2005 at about 6:30 p.m., near the house of Gonibasappa at Arasikere village, within the limits of the complainant Police Station, in relation to discharge of the bathroom water, the accused persons had a quarrel with the complainant and his family members and all the accused persons, in furtherance of their common object, forming themselves into an unlawful assembly and rioting with deadly weapon, picked up a quarrel with the complainant and abused him in filthy words. In the said process, the accused No.1 voluntarily assaulted on the face of the complainant and broke his four teeth by means of a stone and thus caused grievous injuries. The accused No.2, accused No.3 and accused No.4 also assaulted the family members of the complainant by their hands and a wooden cart peg. Accused Nos.5 to 9 abetted the other accused persons to commit the said offences. Further, all the accused persons threatened to the life of CW-1 to CW-3 and thereby have committed the offences punishable under Ss. 143 , 147 , 148 , 323 , 324 , 326 , 354 , 504 , 506 , 114 read with Sec. 149 of the IPC. After investigation, the Police have filed charge sheet against the accused Nos.1 to 9, for the alleged offences.

(3.) The summary of the case of the prosecution in the Trial Court in C.C.No.24/2006 was that, on the date 11/11/2005, at about 12:00 a.m., near the house of the complainant, in relation to discharge of bathroom water to the complainant's property, the complainant asked the accused No.1 not to leave the bathroom water to his property. The same led to exchange of verbal words between them. On the same day, at about 6:00 p.m., the accused No.1 called the complainant and picked up a quarrel in relation to discharge of the bathroom water. Accused Nos.1 and 2 have abused the complainant by using filthy words. Accused No.1 assaulted the complainant using a stone and accused No.2 assaulted him with his hands. When CW-2 came to pacify the quarrel, accused No.2 assaulted on his body with a wooden club and accused No.4 assaulted by her hands and caused simple injury to CW-1 and CW-2, thereby the accused have committed offences punishable under Ss. 323 , 324 , 504 read with Sec. 34 of the IPC. After completing the investigation, the Police filed charge sheet against the accused Nos.1 to 4 for the alleged offences.