SHIVARAMAIAH AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the Judgment dated 22.07.2006 passed by the II Additional Sessions Judge, Tumkur in SC No. 122/2003 convicting the appellants for the offences under Section 143, 147, 148, 448, 304 -Part -II r/w Section 149 of IPC and sentencing each of them to undergo rigorous imprisonment for six months for the offence under Section 143 r/w Section 149 of IPC and further sentencing them to undergo rigorous imprisonment for two years for the offence under Section 147 r/w Section 149 of IPC and further sentencing them to undergo rigorous imprisonment for three years for the offence under Section 148 r/w Section 149 of IPC and sentencing them to undergo rigorous imprisonment for one year for the offence under Section 448 r/w Section 149 of IPC and further sentencing them to undergo rigorous imprisonment for three years and to pay fine of Rs. 5,000/ - each, in default, to undergo simple imprisonment for six months for the offence under Section 304 -Part -II r/w Section 149 of IPC with a direction that all the substantive sentences shall run concurrently. It is the case of the prosecution that, on 16.05.2003 at about 11.00 a.m. all accused Nos. 1 to 8 came near the house of the complainant situated at Kattigenahali Gollarahatti within the jurisdiction of Tiptur Rural police station and formed themselves into an unlawful assembly the common object of which was to abuse and assault the complainant and his family members and thereafter they gave threat and caused loss to CW. 1, thereby, they are alleged to have committed an offence punishable under Section 143 r/w Section 149 of IPC.

(2.) IT is the further case of the prosecution that, on the said date, time and place, all the accused being members of an unlawful assembly with the common object committed rioting and thereby, they are alleged to have committed an offence punishable under Section 147 r/w Section 149 of IPC.

(3.) IT is also./further alleged that, on the aforesaid date, time and place, accused trespassed into the dwelling house of CW. 1 which is used for as a human dwelling and assaulted CW. 1 and his family members and caused destruction of the door of the house and electric metre of CW. 1 and caused loss to him, thereby they are alleged to have committed the offences under Section 448 and 427 r/w Section 149 of IPC.