KALLAPPA BASAPPA HALEMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the Judgment dated 31.08.2007 passed by the Special Sessions Judge, Belgaum in SC No.275/2006 convicting the appellants for the offences under Section 148, 504, 307 of IPC and sentencing appellant Nos.1 to 6 to undergo rigorous imprisonment for two years for the offence under Section 148 of IPC and further sentencing them to undergo rigorous imprisonment for two years for the offence under Section 504 of IPC and further sentencing the appellant Nos.1, 2 and 5 to undergo rigorous imprisonment for four years and to pay fine of Rs.5,000.00 each for the offence under Section 307 of IPC and sentencing the appellant Nos.3, 4 and 6 to suffer rigorous imprisonment for five years and to pay fine of Rs.10,000.00 each for the offence under Section 307 of IPC with default clauses.

(2.) IT is the case of the prosecution that, on 04.11.2005, the complainant Nagappa Yallappa Halemani was going to the house of his friend by name Raju Kallappa Karabannavar who had invited him to attend the pooja in his house. At about 9.00 p.m., when he was so going in front of his friend's house, accused No.4 Basappa Kallappa Halemani came over him holding a club and by abusing him regarding the use of pathway, passing through his land, assaulted him twice with the club on the hind side of his head, due to the said assault, the complainant fell down crying with pain. At that time, accused No.3 Irappa Kallappa Halemani came there by holding Jambiya and tried to assault him on his head. But the complainant made an attempt to escape and during the said process, the blow from Jambiya fell on his forehead resulting in bleeding injury. In the mean while, accused No.1 Kallappa Basappa Halemani came over there and assaulted him by means of the stone on his left cheek and by that time, accused No.6 Gangavva Kallappa Halemani tried to assault him with a sickle at which time, the complainant tried to rescue himself by holding the sickle by the right hand and during the process suffered cut injuries on his right hand fingers and accused No.2 Mallavva Kalalappa Halemani came over and picked up stone and assaulted him on left hand wrist. Accused No.6 Fakirawwa Basappa Halemani and juvenile accused Shantavva Kallappa Halemani fisted him on his stomach and because of the said assault, he started screaming. By that time, Raju Karabannavar and Basavaraj Karabannavar came to rescue him from the hands of the accused. Thereafter, the injured was shifted by the inmates of his house. Police came and recorded the statement of the complainant in the hospital, where he was sent by police for treatment. Thereafter, the complaint came to be filed. Based on the statement of injured, the offence under Sections 143, 147, 148. 307 r/w Sec 149 of IPC was registered in Crime No.141/2005 of Hirebagewadi police station and investigation was commenced.

(3.) THE prosecution in order to prove the case has examined in all 14 witnesses and got marked documents Exs.P1 to 18 and produced MOs.1 to 8. The defence of the accused was one of total denial. However, by the impugned judgment, the learned Sessions Judge was pleased to convict the accused and sentenced all of them as hereinabove mentioned.