MALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal is filed by the appellants against the judgment of conviction passed in S.C.No.59/2015 dtd. 29/8/2016 by the Principal Sessions Judge at Vijayapura.

(2.) Brief Facts of the case are as under: Prosecution alleged that on 19/10/2014 at about 7.30 pm., near the house of Renukavva Madar in Madar Oni of Hachyal village, accused Nos.1 to 5 being enraged with the act of CW.4, Shankreppa in pacifying the quarrel between his son CW.8, Ambarish and the son of accused No.2, formed themselves into an unlawful assembly with an intention to take away life of Shankreppa, at that juncture, accused No.1 armed with deadly weapons like club and all the accused persons committed rioting and accused Nos.2 and 3 in prosecution of their common object, caught hold the shirt of Shankreppa-CW.4 and wrongfully restrained his free movement and accused No.1, assaulted with a club on his head so as to take away his life. Accused No.1 gave blows on other parts of the body and when Shankreppa cried for help, Smt. Shantabai, wife of Shankreppa had rushed to the spot and tried to rescue him. At that juncture, accused persons kicked on her stomach and caused hurt. They also abused Shankreppa and Shantabai in filthy language and provoked them to break the public peace. Therefore, a complaint came to be lodged by Shantabai in respect of the incident to the Sindagi police.

(3.) Based on the complaint lodged by Shantabai, police registered a case and after detailed investigation, filed the chargesheet against the accused for the offences punishable under Sec. 143, 147, 148, 341, 307, 323, 504 read with sec. 149 of IPC. Presence of accused persons was secured before the Sessions Judge and charges were framed.