SIDRAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the Judgment dated 25.3.2010 passed by the I Additional Sessions Judge at Bijapur in S.C.No.146/2006 convicting the appellants for the offences under Sections 148, 307 read with Section 149 of IPC and sentencing each of them to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 1,000/ - for the offence under Section 148 read with Section 149 of IPC, in default, to suffer further simple imprisonment for a period of one month and further sentencing them to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 3,000/ - each for the offence under Section 307 read with Section 149 of IPC, in default, to suffer further simple imprisonment for a period of three months with a direction that both the sentences shall run concurrently.

(2.) IT is the case of the prosecution that on 7.3.2006 at about 22 hours on the land bearing R.S.No.46/4 belonging to the Complainant -Bhimanna Bedar, all the accused Nos.1 to 19, who are charge sheeted, formed themselves into an unlawful assembly being armed with axe, sticks and stones, used force or violence, thereby they are alleged to have committed an offence under Section 148 of IPC.

(3.) IT is the further case of the prosecution that on the above said date, time and place, in furtherance of their common object, the accused committed criminal trespass on the land of the Complainant -Bhimanna to commit crime, thereby they are alleged to have committed an offence under Section 447 read with Section 149 of IPC.