K M PUTTASWAMY Vs. STATE

JUDGEMENT

(1.) THE appellants were arrayed as accused Nos.1 to 5, 7, 9, 10 and 12 and they were tried along with accused Nos.6, 8, 11 and 13 for offences punishable under Sections 143, 147, 148, 341, 114, 307, 120(B) read with Section 34 IPC. The learned Sessions Judge has acquitted accused for offences punishable under Sections 120(B) and 307 IPC. The learned Sessions Judge has acquitted accused Nos.8, 11 and 13 of afore stated offences. The learned Sessions Judge has convicted accused No.1 K.M.Puttaswamy, accused No.2 Mallesha @ Hotte, accused No.3 Channamallaiah, accused No.4 K.Basavaiah, accused No.5 Chikkamallaiah, accused No.7 Mallesha @ Peera, accused No.9 Mallesha S/o Puttaswamy, accused No.10 Shivalinga and accused No.12 Nathappa for offences punishable under Sections 143, 148 and 326 read with Section 149 IPC. Therefore, they are before this Court.

(2.) I have heard Sri S.Shankarappa, learned counsel for accused and learned Government Advocate for State.

(3.) THE State has not challenged the impugned judgment as it relates to acquittal of accused of the afore stated charges. During pendency of this appeal accused No.1 K.M.Puttaswamy and accused No.5 Chikkamallaiah died. This Court considering the death certificates and reports has recorded abatement of appeal as it relates to accused Nos.1 and 5. Therefore, the following point would arise for determination.