STATE OF KARNATAKA Vs. KRISHNAPPA

JUDGEMENT

(1.) THIS revision is directed against the order dated 5-2-2000 passed by the Addl. Civil Judge (Jr. Dn.) and II Addl. JMFC, Ranebennur, in C. C. No. 610/93 whereby the trial Court has rejected the application filed for summoning the respondent-accused by the State under Sections 319 and 216, Cr. P. C. Assailing the order of rejection of the said application the state has preferred this revision petition.

(2.) THE learned High Court Govt. Pleader submitted that the Court below ought to have allowed the application filed by the prosecution under Sections 319 and 216, cr. P. C. Even if the name of respondent-1 was ordered to be deleted prior to the framing of the charge does not itself bar from entertaining the application under Section 319, Cr. P. C. to include him as one of the accused. But the trial Court rejected the application on the contrary to the evidence of the prosecution. Almost all the 17 witnesses, examined in this case, have consistently and cogently deposed before the Court about the complicity of the respondent-accused in instigating the accused Nos. 12 to. 13 to commit the offence alleged. At the instigation of this respondent-the accused cut the beetle leave plants and coconut trees belonging to the complainant. In fact the respondent is the main accused and consequently there was conspiracy in hatching to commit the offence. Of course some of the prosecution witnesses are blood relatives. On that count it is not proper to discard their evidence and reject the application filed by the prosecution. Hence the State has preferred this revision.

(3.) THE brief facts of this case are that, on 1-1-1993 between 7 a. m. and 12 noon this respondent as well as accused Nos. 2 to 13 formed themselves into an unlawful assembly and in prosecution of common object picked up quarrel with the complainant and damaged his standing crops on the ground of dispute about the said land. In furtherance of their common object they have caused damage to the crop of P. W. 1 and committed rioting. Further they have assaulted P. W. 10, P. W. 11 and P. W. 12 with hands causing simple injuries and abused them in filthy language thereby gave a provocation to them and also threatened C. W. 1 and other prosecution witnesses namely c. Ws. 10, 11, 12 and C. Ws. 4 to 7 with intention to cause threat to their lives and committed mischief by destroying arecanut and bettle leaf plants by trespassing the land r. S. Nos. 98/1 and 98/2 of Nullatti village which was in possession of the C. W. 1 and assaulted C. W. 4 Premawa with hands. Accordingly a case in Crime No. 64/93 was registered and the allegations made against the respondent is that he has made a criminal conspiracy and instigated other accused to damage the standing coconut trees and beetle leaf and arecanut plants in R. S. Nos. 98/1 and 98/2. Therefore, after completion of the investigation a charge-sheet came to be filed against the respondents and other 12 accused persons and this respondent has been arrayed as accused-1.