SHEKAR @ CHANDRASHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD Sri.C.V.Nagesh, Senior Advocate appearing for the counsel for the appellants and the State Public Prosecutor.

(2.) THE brief facts of the case are as follows : - It is alleged that on 24.12.2016 at about 8.30 p.m., within the jurisdiction of Vijayanagar Police Station at Basavanagudi Circle at Belawadi Village, accused Nos.1 to 6, had formed themselves into an unlawful assembly with a common object of assaulting Ramesh, Yogesh and Swamy and had come armed with a machete and cricket stumps. It is alleged that when the said persons were proceeding on their way, they were wrongfully restrained and assaulted with the said weapons and also with stones, causing bleeding injuries. Therefore, it was alleged that they had attempted to commit murder of Ramesh, Yogesh, and Swamy and on the basis of the complaint lodged in that regard, the accused were chargesheeted.

(3.) THEREAFTER , on further investigation, the court below had framed charges for the offences punishable under Sections 143, 144, 148, 341, 324, 307 read with Section 149 of the Indian Penal Code, 1860 (Hereinafter referred to as 'the IPC' for brevity). The accused having pleaded not guilty and claimed to be tried, the prosecution had then examined PW s 1 to 14 and had got marked several exhibits and the court after having recorded the statements of the accused under Section 313 of the Code of Criminal Procedure 1973, (Hereinafter referred to as the 'Cr.P.C.' for brevity) had framed the following points for consideration :