STATE OF KARNATAKA Vs. MAHESH HANUMAIAH AND ORS

JUDGEMENT

(1.) This appeal is by the State questioning the judgment and order of acquittal passed by 3rd Additional Sessions Judge, Tumkur in Spl.C.No.25/2005.

(2.) The case of the prosecution in brief is that on 25.02.2005 at 7.30 p.m., accused 1 to 9 formed themselves into an unlawful assembly being armed with deadly weapons like club, sickles in front of the house of PW-8-Bojamma at Ajjappanahalli Village and insulted PWs.1 to 4 and 8 by using vulgar words; accused No.1 assaulted PW-2-Ravi with a club near his left ear; accused Nos.2 to 9 slapped PW-2 on his chest, waist and all over his body and also kicked him; accused Nos.1 to 9 assaulted PW-3-Ramakrishna with their hands on his chest and right side of the ribs and also kicked him; when PW-1 came to rescue of the said victims, accused Nos.10 to 15 wrongfully restrained him from moving forward, slapped and kicked him; accused Nos.1, 8, 9 and 11 kicked PW-4- Puttalakshmamma and dragged her by tuft. Accused Nos.2, 6, and 9 abetted the other accused. The accused further criminally intimidated PWs.1 to 4 by proclaiming not to rest without killing them.

(3.) The charges were framed against the accused for the offence punishable under Section 144, 148, 341, 323 and 326 IPC and under Section 3(1)(x) and (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 149 of IPC as against accused 1 to 15 and under Sections 114 and the latter part of Section 506 read with Section 149 IPC against accused 1 to 4.