YASHPAL SUVARNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant (hereinafter referred as 'accused No.1') was arrayed as accused No.1 and he was tried along with accused 2 to 9 for offences punishable under sections 143, 147, 148, 323, 326, 504, 506 (2) & 307 r/w 149 IPC. The learned trial Judge acquitted accused 1 to 9 of offences punishable under sections 143, 147, 148, 323, 326, 504, 506 (2) & 307 r/w 149 IPC and convicted accused No.1 for an offence punishable under section 324 IPC. Therefore, accused No.1 is before this court. The State has not filed an appeal against acquittal of accused 2 to 9 for aforestated offences.

(2.) I have heard Sri K.M.Nataraj, learned senior counsel for accused No.1 and Sri B.Visweswaraiah, learned HCGP for State.

(3.) IT is the case of prosecution that accused 1 to 9 and prosecution witnesses, in particular, PW1 to 3, 5 and 6 belonged to two different political parties. On 19.12.2005, elections were held for zilla panchayat. The prosecution witnesses namely PW1 -Prabhakara, PW2 -Sudhakara, PW3 - Vittala Poojari, PW5 -Pramoda Madhvaraj, PW6 -Janardhana Thonse and others were campaigning on behalf of one political party near Sharada Bhajana Mandir, Udupi Taluk. Accused 1 to 9 came in different vehicles and attacked aforestated prosecution witnesses and caused injuries to them. They also threatened the life of prosecution witnesses. Accused No.1 (appellant herein) stabbed PW2 on his stomach with a knife and caused hurt to him. PW1 (younger brother of PW2) shifted PW2 to KMC Hospital at Manipal. PW1 gave his statement (first information) to jurisdictional police at 9 p.m. on 18.12.2005 in KMC Hospital at Manipal. PW2 was treated by PW4 -Dr.Jekku Haniball. In view of conviction of accused No.1 for an offence punishable under section 324 IPC, the following points would arise for determination: -