MAHANTESH SOMAPPA GUMMAGOL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellants/accused Nos.1 to 3 feeling aggrieved by the judgment of trial Court on the file of II Addl. Sessions Judge, Belagavi, in S.C.No.172/2011 dtd. 28/2/2014 preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that there was dispute between the husband of complainant - Shrishail and accused for carrying JCB in the land of deceased Shrishail, since Shrishail was objecting for the same on the ground that pipelines laid in his lands would be damaged. On 19/3/2010 at 6 p.m., in front of house No.992 at Hosur village, husband of complainant - Shrishail was crying for taking JCB in his land who was under intoxicated condition. Accused Nos.1 to 3 started abusing Shrishail in filthy language by questioning as to how Shrishail is not allowing to use the road in his land. Accused Nos.1 and 2 caught hold Shrishail and pushed him to the ground where stones were collected. Due to the said overt acts of accused Nos.1 and 2, Shrishail sustained internal head injuries and succumbed to the said injuries while he was under treatment in the hospital. On these allegations made in the complaint, Investigating Officer on completion of investigation filed the charge-sheet.