DINESH ALIAS DINNI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction dated 16.10.2009 passed by the Principal Sessions Court, Bangalore in SC.No.653/2007 is questioned in these appeals by the convicted accused.

(2.) THE accused were charged, tried and convicted for the offences punishable under Sections 143, 148, 302 r/w. Section 149 of IPC. It is relevant to note that though the charge was framed for the offence punishable under Section 120 -B of IPC, the conviction is not recorded for the said offence by the Trial Court.

(3.) THE case of the prosecution in brief is that accused No.1 and the deceased were not in cordial terms; accused No.1 and his associates used to collect hafta in the name of deceased; that the deceased did not allow a witness to depose in the criminal case in which the accused herein were facing the trial; in that regard the accused were nursing grudge against the deceased; on the date of the incident, i.e., 30.10.2006 at about 8.30 a.m., accused No.7 came to the house of deceased and woke him up; within two minutes of accused No.7 coming to the house of deceased, the deceased got ready and both of them went on motorcycle; at about 9.00 a.m., accused Nos.1 to 6 came in Tata -sumo vehicle and collided with the said motorcycle, consequent upon which accused No.7 as well as the deceased fell down; accused No.7 and the deceased ran away from the said spot; however, accused No.7 pushed the deceased down and he ran away from the scene of offence; accused Nos.1 to 5 assaulted the deceased, consequent upon which the deceased died on the spot by sustaining 22 injuries.