M KARIGOWDA; SRINIVASACHARI; H JAYANNA S/O LATE H T HANUMAIAH; STATE OF KARNATAKA; H JAYANNA, PSI AND ORS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These five appeals are filed challenging the Judgment dated 13.11.2009 passed by the Sixth Additional District and Sessions Judge, Mysore in Special Case No.128/2004 convicting the accused for the offences under Section 344 and 348 r/w Section 34 of IPC and for the offence under Section 3(i)(viii) of the SC & ST (POA) Act and sentencing them to undergo simple imprisonment for one year for the offence under Section 3(i)(viii) of the SC & ST (POA) Act and to pay fine of Rs. .5,000/- each, in default to undergo simple imprisonment for three months and further sentencing them to undergo simple imprisonment for one year and to pay fine of Rs. .2,000/- each, in default to undergo simple imprisonment for one month each, in respect of the offences under Section 344 r/w Section 34 of IPC and 348 r/w Section 34 of IPC respectively with a direction that the sentence of imprisonment shall run concurrently.

(2.) Criminal Appeal No.903/2009 is filed by accused Nos.4 and 5, Criminal Appeal No.909/2009 is filed by accused Nos.2 and 3, whereas Criminal Appeal No.969/2007 is filed by accused No.1 challenging the order of conviction, Criminal Appeal No.274/2010 is filed by State seeking enhancement of sentence imposed on the accused Nos.1 to 5, whereas Criminal Appeal No.275/2010 is filed by the State challenging the order of acquittal of accused No.7 and 8 of all the offences. Since all these matters are arising out of single Judgment, all are taken up together for the purpose of disposal.

(3.) It is the case of the prosecution that, in the night of 14.08.1999 at about 3.00 a.m., accused Nos.1 to 5 being police officers with common intention have forcibly taken away one Muniswamy from his house situated at toll gate on Mysore-Bangalore road in front of BSK Memorial Choultry in a Jeep and thereafter, wrongfully confined him at Jayapura police Station between 14.08.1999 and 01.11.1999. It is further case of the prosecution that, son of Muniswamy by name Subramanya was apprehended on 15.08.1999 from Church at Moodubelle in Udupi Taluk and he too was confined in the said police station from 15.08.1999 to 28.10.1999. It is further alleged that, both Muniswamy and Subramanya being members of schedule caste and schedule tribe community, accused not being the members of the said caste, all the accused along with accused Nos.6 to 8 who are also police officials of Yelwala police station illegally confined them from 14.08.1999 to 01.11.1999, thereby they are alleged to have committed offences under Section 344, 348, 326, 211 r/w Section 34 of IPC and also under Section 3(i)(viii) of the SC & ST (POA) Act.