SIDDEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the Judgment dated 01.08.2006 passed by the III Additional Sessions Judge, Mysore, in S.C.No.342/2002 convicting the appellants for the offences under Sections 148, 324 and 506(1) of IPC read with Section 149 of IPC and sentencing each of them to pay a fine of Rs.1,000/- in default to suffer S.I. for one month, further convicting them for the offence under Section 326 of IPC read with Section 149 of IPC and sentencing each of them to undergo R.I. for six months and to pay a fine of Rs.2,000/- in default to suffer S.I. for two months with a direction to pay compensation to the injured witnesses.

(2.) It is the case of the prosecution that on 24.03.2002 at about 7.00 p.m., all the accused formed themselves into an unlawful assembly and holding choppers in front of Maramma Temple in Mavinahalli Village, with common object of assaulting P.W.1 committed riot and thereafter accused No.1, Siddegowda assaulted with chopper on the left side of the head and ear of P.W.1 Nagesh and accused No.6, Rajegowda assaulted with chopper to left hand of P.W.1 Nagesh and accused No.1 Siddegowda also assaulted with chopper to the right side of forehead, left side of right shoulder and right cheek of Manju, accused No.2 assaulted with chopper to the back, chest and right arm of P.W.6 Siddesh and accused No.4, Shivannegowda assaulted with chopper to nose and right hand of P.W.2 Ramesh and accused No.5 Krishnegowda assaulted with chopper to the right side of the head and right hand of P.W.15, Smt.Siddamma with an intention to endanger their life and thereby they are alleged to have committed the offences under Sections 147, 148, 307, 324 and 506(2) of IPC read with Section 149 of IPC.

(3.) It is the further allegations against the appellants that on the same date, time and place, the accused have assaulted aforesaid injured persons with an intention to cause simple injuries and have infact caused injuries to P.W.1 Nagesh, P.W.2 Ramesh and P.W.15 Smt.Siddamma and thereby they have alleged to have committed the offence under Section 324 of IPC read with Section 149 of IPC.