STATE OF KARNATAKA Vs. SHIVARAM

JUDGEMENT

(1.) THERE is delay of 91 days in filing this appeal. Other side having been notified, the application has been resisted by the respondents.

(2.) ON perusal of the affidavit filed in support of the application, we find that explanation offered is very casual. However, having regard to the fact that the State has come up in appeal against acquittal of the accused, we have examined the matter and heard both parties on the merits of the case.

(3.) THE facts involved in the case disclose that the respondents were charged for the offences punishable under Sections 143, 147, 148, 447, 504, 323, 324, 354, 355 and 307 read with Section 149 of IPC. The allegations were that on 07.03.2011 at about 11.30 a.m. near Seri Sanna Tanda of Chincholi Taluk, accused Nos.1 to 6/respondent Nos.1 to 6 herein being members of the unlawful assembly with a common object of outraging the modesty of PW.2 -Sharanamma held her, dragged her and thereby committed an offence punishable under Section 354 of IPC. All the accused persons were armed with deadly weapons like stick, axe and committed offence of rioting, insulted and abused PW.1 -Revansiddappa. PWs.1 and 2 were assaulted with axe by accused No.2, thereby causing grievous injuries on the head of PW.2 and accused No.2 also attempted to throttle the neck of PW.2 with the help of a rope.