T LINGEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the judgment dated 1.4.2006 passed by the Fast Track Court No.III, Mandya in S.C.No.193/2003 convicting all the appellants for the offences punishable under Sections 143, 341, 326 r/w Section 149 of IPC and sentencing each of them to pay a fine of Rs.500/- for the offence under Section 143 of IPC, in default, to undergo simple imprisonment for one month and further to pay a fine of Rs.500/- each for the offence under Section 341 r/w Section 149 of IPC, in default to pay fine, to undergo simple imprisonment for one month and to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,000/- each for the offence under Section 326 r/w Section 149 of IPC and in default of payment of fine, to undergo simple imprisonment for one month.

(2.) It is the case of the prosecution that on 7.4.2003 at about 9.00 p.m. at Halagur on Halagur- Lingapatna road, in front of the Middle school, within the limits of Halagur police station, accused being the members of unlawful assembly wrongfully restrained the complainant Gangadhara and attacked him holding various lethal weapons and attempted to commit murder of the complainant and other witnesses and further caused simple injuries on the person of Gangadhara P.W.1 thereby they are alleged to have committed offences under Sections 143, 341, 307, 324 r/w Section 149 of IPC. In order to prove the case, prosecution has examined in all 7 witnesses and got marked Exs.P1 to P5 and produced M.Os 1 to 4. The defense of accused was one of total denial. However, by the impugned judgment, the learned Sessions Judge was pleaded to hold that the prosecution has established the case against the accused for the offences under Sections 143, 341, 326 r/w Section 149 of IPC and sentenced them as aforesaid. It is this order of conviction and sentence, which is challenged in this appeal.

(3.) The prosecution in this case was commenced with lodging of a complaint by Gangadhara, who is examined as P.W.1. In his complaint he has stated that he is a resident of Lingapatna village of Malavalli Taluk, Mandya District and on the date of incident he was going on the road in front of the Halagur Middle School. At that time, with the previous enmity, all the accused persons by holding weapons like long, chopper, clubs and rods came across the road and accused Siddaraju and Kempegowda caught hold of the complainant and Lingegowda assaulted with a long on his right leg and caused bleeding injuries. Lingegowda also held an axe and assaulted on his person. At that time one Krishnegowda and others came near the scene of occurrence and by seeing them accused ran away in the darkness. Based on the above statement of the complainant Gangadhara, Halagur police registered a case in Crime No.56/2003 for offences under Sections 143, 341, 307 r/w Section 149 of IPC and transmitted the FIR to Court.