RANGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Revision petitioners/accused feeling aggrieved by order passed by II Addl. District and Sessions Judge, Haveri Sitting at Ranebennur in Crl.A.No.70/2010, dtd. 30/7/2013, preferred this revision petition.

(2.) Parties to the revision petition 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 complainant and accused are resident of same village and there was a dispute with regard to the house property. Accused Nos.3, 9 and 10 have instigated the accused No.1 to vacate complainant from house. On 23/12/2006 at around 9.00 a.m. all the accused formed themselves into an unlawful assembly being armed with deadly weapons like club and stone picked up quarrel with complainant, further abused the complainant and his family members in filthy language, so as to provoke them to commit breach of public peace. Accused No.10 assaulted Koshalya, Anasuyamma and Dharmaraddi with stick and injured them. Accused No.2 committed illegal trespass into the house of complainant and pushed Shivamma. Thereafter, assaulted her with stone. The said group of persons also assaulted on CWs.6 and 9 with club and administered threat to takeaway the life of complainant and his family members. On these allegations made in complaint, investigating officer carried out investigation and filed charge sheet for the offences punishable under Ss. 109, 143, 147, 504, 326, 354, 448 and 506 R/w. Sec. 149 of I.P.C. only against accused Nos. 1 to 3, 9 and 10. Accused Nos. 4 to 8 are dropped from the charge sheet for want of sufficient evidence against them.