NARAYANAPPA @ CABLE NARAYANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two appeals preferred by A1, A2, A4 and A5 respectively are directed against the judgment and order dated 22nd December 2009, passed in S.C.No.312/2006, by the Additional District and Sessions Judge, Fast Track Court-V, Bangalore Rural District, Bangalore, convicting them for the offences under Sections 143, 147, 148, 307, 302 r/w. 149 IPC and sentencing them to undergo imprisonment for three months, six months, one year, ten years and imprisonment for life, for the said offences respectively.

(2.) The appellants/accused were tried on the charges for the offences under Sections 143, r/w. 149 IPC, 144 r/w. 149 IPC, 146, r/w.149 IPC (which ought to be only Sections 143, 144 and 146), 307 r/w. 149 IPC and 302 r/w. 149 IPC. It is alleged that on 02-08- 2006, at about 9:00 P.M, near Appajappa s site situated at Chikkanekkundi Layout, coming within the jurisdiction of Varthur Police Station, the appellants/ accused along with the juvenile offender, Manjunath formed themselves into an unlawful assembly, armed with deadly weapons like chopper, iron rod, wooden clubs and in furtherance of the common object of their unlawful assembly, they did commit the murder of the deceased, Sunil, by assaulting him with the weapons with which they were armed and at the same time, they also assaulted PWs 1 and 2 with an intention of attempting to commit their murder and thereby they have committed the aforementioned offences.

(3.) It is the case of the prosecution, PWs 1 to 7 are all residing in their respective houses located in Chikkanekkundi Layout coming within the jurisdiction of Varthur Police Station. Likewise, the present appellants and juvenile offender, Manjunath are also residents of Chikkanekkundi Layout coming within the jurisdiction of Varthur Police Station.