BOMMA @ BAVARALAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.A. No. 801/2017 is filed by accused Nos. 1 and 8, Crl.A. No. 806/2017 is filed by accused Nos. 2 to 5 and Crl.A. No. 807/2017 is filed by accused No. 6. These appeals are filed by the respective accused challenging the judgment of conviction and order of sentence passed by the trial Court in S.C. No. 10028/2016 by the V Additional District and Sessions Judge, Shivamogga, sitting at Sagar whereunder the accused Nos. 1 to 6 and 8 are convicted for the offence punishable under Sec. 120-B of IPC and sentenced to undergo simple imprisonment for a period of 5 years and to pay fine of Rs.3,000.00 each; accused Nos. 1 to 6 and 8 are convicted for the offence punishable under Sec. 143 of IPC and sentenced to undergo simple imprisonment for a period of 3 months; accused Nos. 1 to 6 and 8 are convicted for the offence punishable under Sec. 147 IPC and sentenced to undergo simple imprisonment for a period of 1 years; accused Nos. 1 to 6 and 8 are convicted for the offence punishable under Sec. 148 IPC and sentenced to undergo simple imprisonment for a period of 2 years and accused Nos. 1 to 6 and 8 are convicted for the offence punishable under Sec. 302 of IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.25,000.00 each. They are further convicted for the offence punishable under Sec. 115 IPC and sentenced to undergo simple imprisonment for a period of 7 years and to pay fine of Rs.5,000.00 each. All the sentences were ordered to run concurrently.

(2.) Since all the three appeals arise out of the same judgment, they are taken up together for passing common judgment.

(3.) The gist of the prosecution case is that the complainant is a resident of Neharu Nagar of Sagar town. His fourth son Hassainer was working in cloth shop in Bengaluru and about 6 months back he had returned to Sagar and was doing fish business with him. In October 2014 there was a quarrel between his son Hassainer and his friends Amazad, Muzamin and Sukka and residents of Armanekeri of Sagar town and his son with his friends assaulted Mohammed Ali and Ismail Shariff with chopper and in this regard there was a case registered against his son and his friends who were sent to jail. After the said incident Mohammed Ali and Ismail Sharif were waiting for an opportunity to kill his son and his friends. On 20/3/2015 at about 08.30 pm complainant was in his house, someone came and informed that someone had assaulted his son Hassainer near Sharavathi Cold Drinks on B.H. Road. Immediately he went there and saw that his son was already taken to the hospital. Hence, he went there and saw that his son was severely injured. On enquiry his son told him that said Mohammed Ali, Ismali Sharif, Pratap, Rakesh, Imran, Bomma, Rahil and their persons assaulted him with deadly weapons when he was standing near Sharavati Cold Drinks house. Thereafter the said Hassainer died on the way to Shivamogga Hospital. The said complaint came to be registered in Sagar town P.S. in crime No. 56/2015 for the offence punishable under Ss. 143, 147, 218, 149, 302 of IPC. The Police, after investigation, have filed charge sheet against accused Nos. 1 to 9 for the offence punishable under Ss. 115, 143, 147, 148, 149, 302 and 120-B IPC. Since accused No. 7 was a juvenile, his case was tried before the Juvenile Justice Board. The learned Sessisons Judge framed charges for the offence punishable under Ss. 120-B, 143, 147, 148, 149, 302, and 115 IPC. The prosecution had examined P.W.1 to P.W.15 and got marked Ex.P.1 to P.39 and M.O.1 to M.O. 33. The accused were examined under Sec. 313 of Cr.P.C. and they have denied all the incriminating evidence. All the accused did not choose to examine any defence witness. After hearing the arguments on both the sides, the Sessions Court has passed the impugned judgment of conviction and order of sentence which is challenged in the present appeals.