NANJEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The above captioned criminal revision petitions arise out of the judgment and order of conviction and sentence dtd. 13/1/2011 passed by the Prl. Civil Judge & JMFC, Magadi, in C.C.No.279/2001, and therefore, they are clubbed, heard together and disposed of by this common order with the consent of the learned Counsel for the parties.

(2.) Facts leading to filing of these four criminal revision petitions narrated briefly are, on the complaint of PW-1 - Narayana, FIR was registered against 12 persons in Crime No.43/2001 for the offences punishable under Ss. 143 , 147 , 148 , 114 , 324 , 427 , 506 read with 149 IPC . In the complaint, it was averred that accused no.1 - Nanjegowda was convicted in a criminal case on the complaint of PW-1 - Narayana and in connection with the same, accused no.1 had ill-will against PW-1. On 22/4/2001, the complainant - PW-1 along with PW-2 - Jayaramaiah was returning from his coconut garden and when he reached near Anganawadi School, accused no.1 - Nanjegowda and 11 others who were named in the complaint came there holding deadly weapons like wooden club and chopper in their hands. Accused no.1 abused PW-1 for having filed a criminal case against him in which he was convicted and at that time, accused no.6 - Patel Thimmappa instigated the other accused persons to assault PW-1. All the accused persons thereafter assaulted the complainant - PW-1 with the weapons they were holding in their hand. At that time, PW-2 - Jayaramaiah tried to interfere, but the accused persons threatened him with dire consequences to his life, and therefore, PW-2 got frightened and started screaming. On hearing the scream of PW-2, PW-4 - Shivamma and her daughter PW-9 - Nethravathi came to the spot and tried to rescue PW-1. At that time, accused no.5 - Narayana allegedly assaulted PW-3 with wooden club on her head and accused nos.2 & 10 assaulted PW-9 with wooden clubs on her right palm. In the said incident, the complainant alleged lost his watch. The complainant's wife and relatives took him to the Government Hospital at Magadi for treatment and while he was under treatment, the police attached to Magadi Police Station had come to the Government Hospital, Magadi, and recorded the statement of PW-1, based on which, FIR was registered in Crime No.43/2001 against 12 persons who were named in the complaint.

(3.) The police after investigation had filed a charge sheet against all the 12 accused persons for the offences punishable under Ss. 143 , 147 , 148 , 114 , 324 , 326 , 427 & 506 read with 149 IPC . During the pendency of the case before the Trial Court, accused no.6 was reported dead, and therefore, the case against him stood abated. The other accused persons who had appeared before the Trial Court had pleaded not guilty and claimed to be tried. Hence, the case was posted for recording the evidence of prosecution witnesses.