STATE Vs. SIDDALINGAPPA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 28/8/2013 in C.C.No.753/2008 on the file of the Court of the Principal Civil Judge and J.M.F.C., at Nanjangud and its confirmation judgment and order dtd. 28/9/2015 in Crl.A.No.23/2014 on the file of the Court of the V Additional District and Sessions Judge, Mysuru, seeking to set aside the concurrent findings recorded by the Courts below.

(2.) The petitioners are the accused before the Trial Court and respondents before the Appellate Court.

(3.) It is the case of the prosecution that, on 8/8/2008, at about 10.30 p.m., in front of the house of CW.1 Parashivamurthy at Debur Village, the respondents with a common intention to commit the offence, holding deadly weapons like choppers and clubs and committed rioting against Javanappa and Parashivamurthy. The overt act of these respondents / accused is explained in the complaint. It is further stated that, due to the assault in the said quarrel, Parashivamurthy sustained injuries and was taken to hospital. The Doctor treated him and submitted his report as per Exs.P6 and P7. According to PW.7 who treated PW.1, the injuries are grievous in nature. A case came to be registered against the respondents. The jurisdictional police have registered a case for the offence punishable under Ss. 143, 147, 148, 341, 326, 324, 323, 114, 506 read with Sec. 149 of Indian penal Code (for short " IPC ") against the accused, on investigation, a charge sheet was laid by the jurisdictional police for the offences stated supra.