SHIVALINGAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) these two criminal appeals arise from a common judgment delivered by additional sessions judge, Bangalore rural district, Bangalore in S.C. no.28 of 1986 and S.C. No. 53 of 1983. Criminal appeal No. 443 of 1988 arises from S.C. No. 28 of 1986 and criminal appeal No. 502 of 1988 arises from S.C. No. 53 of 1983.

(2.) in S.C. No. 28 of 1986, there were 4 accused and the learned sessions judge framed charges under Section 324 read with Section 34 and Section 326 read with Section 34, IPC that in furtherance of common intention of all these accused, hurt was caused to charge-sheet witness No. 3-shivappa by means of iron rod and grievous hurt was caused to charge-sheet witness No. 2-puttegowda by a gandu kodli.

(3.) in S.C. No. 53 of 1983, there were 6 accused and charges had been framed against them under sections 143,147,341,326 read with Section 149, Section 324 read with Section 149 and Section 307 read with Section 149 of IPC. The incidents in both the cases are stated to have taken place on 1-5-1983 at mottedoddi village of ramanagaram taluk. If it is the case of the prosecution in S.C. No. 28 of 1986 that the incident took place at 7 a.m. its case in S.C. No. 53 of 1983 is that the incident took place at 7.30 a.m.