M VISHWANATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants were arrayed as accused no.1 to 4 and they were tried and convicted for offences punishable under Sections 341, 307 r/w 34 IPC. Therefore, they are before this court.

(2.) I have herd Sri.Sabarish Gandhi, learned counsel for accused and learned Government Advocate for the State.

(3.) IT is the case of prosecution that there was enmity between PW.1 -Nanjundaswamy (injured) and the first accused. In the first information, PW.1 has stated that about seven months prior to the date of incident, accused no.1 -M.Vishwanatha had indecently behaved with the wife of PW.1 namely Shyla, therefore, there was enmity between the first accused and PW.1. On 13.03.2007 at about 3.30 p.m., when PW.1 was returning on his motorcycle along with two pillion riders namely Sudheer (PW.2) and Anand (PW.3) near the house of accused no.1, accused no.1 to 4 wrongfully restrained PW.1. Accused no.1 assaulted him with an iron rod; accused no.2 to 4 assaulted him with firewood sticks. PW.1 was shifted to Government Hospital at H.D.Kote, later, he was admitted in JSS Hospital at Mysore.