STATE OF KARNATAKA AND ORS Vs. MOHAMMAD BAVA @ BAVA S/O ABDULLA; ABBAS @ ORU MINUT S/O LATE ISMAIL AND ORS

JUDGEMENT

(1.) These five appeals are filed challenging the Judgment dated 16.01.2009 passed by the 1st Additional Sessions Judge, Dakshina Kannada at Mangalore in SC No.132/2006. While Criminal Appeal No.56/2009 is filed by accused No.6, Criminal Appeal No.57/2009 is filed by accused No.2 and Criminal Appeal No.272/2009 is filed by accused No.3, challenging the judgment of conviction passed against them, Criminal Appeal No.275/2009 is filed by the State seeking to set aside the order of acquittal passed against the accused for the offence under Section 397 r/w Section 149 of IPC while the trial court has convicted the accused for the offence under Section 395 r/w Section 149 of IPC and Criminal Appeal No.276/2009 is filed by the State seeking enhancement of the sentence imposed on the accused for the offence under Section 395 r/w Section 149 of IPC. Since, all the five appeals are challenging the same order passed by the learned Sessions Judge, all are taken up together for disposal.

(2.) It is the case of the prosecution that, on 26.07.2006, in the night hours at about 8.45 p.m., all accused entered into the house of the complainant- Dr.Shivashankar Shastri in the guise of seeking medical treatment for them and after entering the house, accused tied both the complainant and his wife, thereafter, caused injuries to them and took away the Omni Car bearing Registration No.KA-21-MA-727 and also the gold articles belonging to the complainant and his wife worth about '.2,12,800/- and also one gas cylinder worth about '.1,000/-, cash of '.22,000/-, thereby, they are alleged to have committed an offence under Section 395 r/w Sec 149 of IPC.

(3.) It is further case of the prosecution that, on the aforesaid date, time and place, all the accused persons have attempted to commit murder or cause grievous injuries to the complainant-Shivashankar Shastri and his wife, thereby they are alleged to have committed an offence under Section 397 r/w Section 149 of IPC.