URAKUNDA Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction dated 11.01.2011 passed by the Fast Track Court -I, Bellary, in S.C. No. 79 of 2009, convicting accused Nos. 1 to 6 for the offences punishable under Sections 143, 148, 302 read with Section 149 of IPC. By the very judgment, accused Nos. 15 and 17 are acquitted.

(2.) TOTALLY 21 persons were allegedly involved in the matter on hand as accused. Out of them, accused Nos. 16, 18, 19, 20 and 21 had absconded and consequently, separate trial is going on as of now, after securing their presence. Accused Nos. 7 to 14 were given up and were not sent up for trial. Thus, the trial commenced only against accused Nos. 1 to 6 and accused Nos. 15 and 17 in S.C. No. 79/2009. As aforementioned, accused No. 1 to 6 are convicted for the offences punishable under Sections 143, 148, 302 read with Section 149 of I.P.C.

(3.) THE case of the prosecution in brief is that the complainant and the victims (deceased) are the party workers of Bharatiya Janata Party, whereas all the accused had identified themselves as Congress party workers; at the instance of accused No. 1 and others, all the accused conspired to do away with the life of the complainant and his brother because of political rivalry. A day prior to the incident i.e., on 22.02.2009, Srinivasa -a friend of complainant, was assaulted; the complainant and others proceeded to the house of the accused to inquire as to the reasons for the assault of Srinivasa; it seems both the parties converged in front of accused No. 1 with a view to compromise the matter; however, all of a sudden, all the accused came inside the house of accused No. 1 with lethal weapons, like chopper, rods, sticks, etc. The woman folk in the house of accused No. 1 threw chilli powder on the face of Nagaraj and Kurihatti Seena (both are deceased) and they were assaulted by all the accused mercilessly. As a result, Nagaraj fell on the ground with bleeding injuries and died, whereas, Kurihatti Seena breathed his last on the way to the hospital. The doctors have opined that Nagaraj died due to hemorrhagic shock as a result of multiple injuries sustained and Kurihatti Seena died due to hemorrhagic shock as a result of head injury sustained.