SHANKARYA @ SHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment dated 29.8.2012, passed in S.C.No.41/2011, by the Fast Track Court, Jamakhandi, convicting the appellants for the offences punishable under Sections 394 and 307 of IPC and sentencing each of them to suffer rigorous imprisonment for a period of seven years for the offence under Section 394 of IPC and to pay a fine of Rs.1,000.00, in default to suffer rigorous imprisonment for a period of three months and further sentencing them to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs.1,000.00 each for the offence under Section 307 of IPC, with default clauses.

(2.) IT is the case of the prosecution that the accused No.1 to 4, within the jurisdiction of Lokapur P.S., on 12.11.2010, at about 03-00 a.m., entered into the shed situated in Sy.No.65/21 of Palkimanya village, by removing the doors of that shed belonging to the complainant Namdev and committed robbery of golden neck chain from the neck of an inmate by name Yashodha Shyasannavar and also one golden mangalasutra each weighing about 7.5 grams by snatching these two ornaments from her neck by committing robbery, thereby the accused are alleged to have committed the offence under Section 394 read with Section 34 of IPC. It is further charged against the appellants that on the above said date, place and time with common intention they entered the tin house of the complainant Namdev situated in Sy.No.65/21 of Palkimanya village and committed robbery of golden items by snatching the same from the neck of one Yashodha and thereafter the accused assaulted CW.5 with an axe on his head, which caused injury on the right parietal region and caused grievous injuries and thus the accused No.1 to 4 are alleged to have committed an offence punishable under Section 307 of IPC.

(3.) IT is the case of the prosecution that on 12.11.2010 one Namdev appeared before the Lokapur P.S., with a complaint. It is stated in the complaint that the complainant is residing along with his wife and children in Lakshanatti village, Mudhol taluka, where he owns the lands bearing Sy.No.65/21 within the limits of Palkimanya village. They have erected a tin shed in the said land. The family members of the complainant were residing in the said house. On 11.11.2010 at about 09-00 p.m., himself, his wife and sons after finishing their dinner had slept in the shed of the farm house. While complainant and one of his sons slept on the iron cot, his wife and another son slept on the floor abutting the door. At about 03-00 a.m. in the night there was sound coming from the door of the shed and therefore the complainant was awakened and he saw four persons pulling the door of the shed and they came inside the shed and suddenly snatched the mangalasutra and boramala sara from the neck of the complainant's wife and thereafter the complainant and his son came out of the shed and screamed loudly. The culprits came inside the shed and took away the iron trunk kept over the God's platform. The son of the complainant woke up and protested the accused from lifting the iron trunk. At that time one of the culprits assaulted his son by an axe on his head and on his cheeks and he started bleeding from the injuries. When the complainant and his another son came out of the house and started shouting, the accused pelted stones to them. Thereafter CWs.1 and 4 went inside the shed. However by that time four culprits went away from the shed and they have thrown away the iron trunk near the adjoining land. The complainant and CW.4 noticed that their son by name Jnaneshwar had sustained grievous injuries and after hearing the hue and cry of the complainant and his family members, the neighbours came to the rescue and thereafter the assailants ran away. The injured persons were taken to the hospital and after taking treatment, a complaint came to be lodged in the Lokapur Police Station. The police registered the same as Crime No.136/2010 and commenced the investigation. After completion of the investigation, CW.15 filed the charge sheet alleging commission of offence under Section 394 and 307 of IPC.