NANDISHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused Nos.1 to 5 praying to set-aside the judgment and sentence dtd. 17/4/2012 passed in Sessions Case No.29/2009 by the District and Sessions Judge, Chamarajanagar.

(2.) Appellants No.1 to 5 were convicted for the offences punishable under Ss. 143, 147, 148, 324 , 323, 448, 504 and 307 read with 149 Indian Penal Code (for short hereinafter referred to as ' IPC '). Accused Nos.1 to 5 were sentenced to undergo imprisonment for a period of six months and pay fine of Rs.1,000.00 in default to undergo further imprisonment for one month for offence under Sec. 143 of IPC; further sentenced to undergo imprisonment for one year and to pay fine of Rs.2,000.00 in default to undergo further imprisonment for the period of two months for offence under Sec. 147 read with Sec. 149 IPC; further sentenced to undergo imprisonment for a period of two years and to pay fine of Rs.3,000.00 each in default to undergo further imprisonment for a period of three months for the offence under Sec. 148 read with Sec. 149 of IPC; further sentenced to undergo imprisonment for a period of three years and to pay fine of Rs.4,000.00 each and in default to undergo further imprisonment for a period of four months for offence under Sec. 324 read with Sec. 149 of IPC; further sentenced to undergo imprisonment for a period of one year and to pay fine of Rs.2,000.00 each in default to undergo imprisonment further for a period of two months under Sec. 323 read with Sec. 149 IPC; further sentenced to undergo imprisonment for a period of one year and to pay fine of Rs.1,000.00 each in default to undergo further imprisonment for one month for offence under Sec. 448 read with Sec. 149 IPC; further sentenced to undergo imprisonment for a period of two years and to pay fine of Rs.2,000.00 each in default to undergo further imprisonment for a period of two months under Sec. 504 read with Sec. 149 IPC and further sentenced to undergo imprisonment for a period of four years for the offence punishable under Sec. 307 read with Sec. 149 IPC and pay fine of Rs.25,000.00 each in default to undergo further imprisonment for a period of five months under Sec. 307 read with Sec. 149 of IPC.

(3.) The factual matrix of the case is that PW-1 Mahesha married one Renuka, the sister of accused No.1 and out of the wedlock, they have 2 1/2 years old male child. Since there was galata on domestic matter, Renuka got angry and went to her parents house. When father of PW-1 i.e., PW-2 and one Koosappa went to bring Renuka back, the family members of Renuka abused them and sent them back. The complainant (PW-1) - the husband of Renuka did not go to bring back his wife Renuka stating that she herself has gone and she herself has to come back. That on 14/8/2008 at about 9.30 pm when PW-1 was standing in front of his house, accused No-1 the elder brother of Renuka along with his friends accused Nos.2 to 5 came in goods tempo holding long choppers and accused No.1 abused PW-1 in filthy language and slashed long chopper on the neck of PW-1 and he escaped from the blow. At that time, accused Nos.2 and 5 trespassed into the house and dragged out PW-2, the father of PW-1. Upon hearing the noise, the neighbours came. Accused Nos.1 and 2 threw long choppers. Accused No.1 made PW-2 to fall on the ground and assaulted him with hands and also bit on his stomach. At that time, PW- 3 Rathnamma, the aunt of PW-1 intervened to pacify the quarrel. At that time accused No.1 slapped her on her cheeks and accused Nos.3 and 4 kicked and trampled her. A case came to be registered against accused Nos.1 to 5, who are appellants herein in Crime No. 152/2008 of Chamrajnagar Rural Police Station. After investigation charge sheet came to be filed against the appellants/accused Nos.1 to 5 for the offences under Ss. 143, 147, 148, 307, 323, 324, 448 and 504 read with Sec. 149 of IPC. The case came to be committed to the Sessions Court. The Sessions Court framed charges for the said offences. The prosecution has examined 12 witnesses as PW-1 to PW-12 and got marked 11 documents as Ex.P-1 to Ex.P-11 and three Material Objects as MOs 1 to 3. The statement of the appellants/accused came to be recorded under Sec. 313 of Cr.P.C.