H.S. ANIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two appeals are directed against the judgment of conviction and order of sentence passed in S.C.No.41/2014 by the II Addl. District and Sessions Judge, Kodagu-Madikeri sitting at Virajpet dtd. 21/11/2016 wherein, the appellants are convicted for the offence punishable under Ss. 341, 326 , 307 r/w Sec. 34 of IPC and they are directed to undergo imprisonment for a period of 10 years and also shall liable to pay a fine of Rs.15,000.00 each in default of payment of fine, shall undergo simple imprisonment for a period of 2 years for the offence punishable under Sec. 326 r/w Sec. 34 of IPC. They were also directed to undergo simple imprisonment for a period of 1 month and to pay fine of Rs.500.00 in default of payment of fine, shall undergo simple imprisonment for a period of 5 days for the offence punishable under Sec. 341 r/w Sec. 34 of IPC. Further, these appellants/accused Nos.1 & 2 were directed to undergo rigours imprisonment for life and also liable to pay a fine of Rs.30,000.00 each in default of payment of fine, shall undergo simple imprisonment for a period of 3 years for the offence punishable under Sec. 307 r/w Sec. 34 of IPC. Against the said judgment of conviction and order of sentenced, accused No.1 preferred Crl.A.No.390/2017 and accused No.2 preferred Crl.A.No.2159/2016. Since both the appeals are arising out of the common judgment passed in S.C.No.41/2014, they are clubbed together and taken up for disposal together.

(2.) The factual matrix of the prosecution case, which are necessary for disposal of these appeals, are that on 11/1/2014 at about 9:15 pm on public road in front of the house of Pali of Nehru colony, Arvathoklu village, accused Nos.1 & 2, in furtherance of their common intention, wrongfully restrained the injured-CW.1 and caused grievous injuries to CW.1 by means of chopper and thereby, attempted to kill him. Hence, a complaint has been lodged by the injured himself on 14/1/2014 at about 1.30 pm before the Gonikoppa police station and the same has been registered in crime No.3/2014 for the offences punishable under Ss. 341 and 324 r/w Sec. 34 of IPC initially and subsequently, based on the further statement of the said injured-H.K.Ravi, the respondent police registered the FIR for the offence punishable under Ss. 341 and 307 r/w Sec. 34 of IPC. After the investigation of the case, the respondent police laid the charge sheet against accused Nos.1 & 2 for the offence punishable under Ss. 341, 326 and 307 r/w Sec. 34 of IPC. Before the committal Court, the charges framed for the aforesaid offences and the accused denied the same and claims to be tried.

(3.) In order to bring home the guilty of the accused, the prosecution in all examined 12 witnesses as PW.1 to PW.12 and got marked 17 documents as per Exs.P1 to 17 so also two material objects as MOs.1 and 2. However, the accused did not choose to examine any witness on their favour and also not produced any documents. The defence of the accused is one of total denial and that of false implication.