NINGARAJU Vs. STATE

JUDGEMENT

(1.) THE appellant in Criminal Appeal No. 795/2009 (hereinafter referred as 'accused No. 2') and appellants in Criminal Appeal No. 233/2010 (hereinafter referred as 'accused 1 & 3') were tried in S.C. No. 26/2008. Accused No. 2 was tried for an offence punishable under section 114 IPC and accused 1 & 3 were tried for an offence punishable under section 307 r/w 34 IPC and accused 1 to 3 were tried for an offence punishable under section 341 r/w 34 IPC. The learned trial Judge acquitted accused 1 & 3 of an offence punishable under section 307 r/w 34 IPC and convicted accused 1 & 3 for offences punishable under sections 341 & 324 r/w 34 IPC and convicted accused No. 2 for an offence punishable under section 114 IPC. Therefore, they are before this court.

(2.) I have heard Sri A. Ravishankar, learned counsel for accused No. 2, Sri H.J. Ananda, learned counsel for accused 1 & 3 and Sri B. Visweswaraiah, learned HCGP for State.

(3.) THE prosecution has relied on the evidence of injured witness namely PW6 -Nanjaiah, evidence of eye -witnesses namely PW5 -Yashoda (wife of PW6), PW7 -Sunil (son of PW6) and evidence of independent witness namely PW8 -Umesh V.H. @ Umeshgowda and also medical evidence of PW2 -Dr. B.H. Ganesh.