MANJUNATH Vs. STATE BY VIJAYAPURA POLICE

JUDGEMENT

(1.) This appeal is filed by the appellants - accused Nos. 1 to 4 praying to set aside the judgment of conviction and order on sentence dtd. 17/12/2011 passed in S.C. No. 343/2010 by the Presiding Officer, Fast Track Court, Devanahalli whereunder the appellants - accused Nos. 1 to 4 have been convicted for offences under Ss. 498-A, 323 and 307 read with Sec. 34 of IPC. Appellants - accused Nos. 1 to 4 have been sentenced to undergo rigorous imprisonment for a period of 2 years and to pay fine of Rs.3,000.00 each for offence under Sec. 498-A of IPC; simple imprisonment for a period of 3 months and to pay fine of Rs.250.00 each for offence under Sec. 323 of IPC and rigorous imprisonment for a period of 6 years and to pay fine of Rs.5,000.00 each for offence under Sec. 307 of IPC.

(2.) The factual matrix of the prosecution case is, the complainant was working as a coolie and resided with her two children. On 13/7/2009, at about 07.00 pm, appellant - accused No. 1 along with appellants - accused Nos. 2 to 4 came to her house and asked her to handover Rs.1,500.00 to him which P.W.1 - complainant had withdrawn from the Post Office and snatched away the same from her and gave her life threat. On the same night, somebody poured kerosene on her face and fire caught her saree. Immediately she shouted and removed her saree and sweater and hugged her children and she heard conversation of appellants - accused Nos. 2 and 3 outside her house behind the door. The neighbors broke open the door and rescued P.W.1 and her children and she was taken to the hospital by appellant - accused No.2 who did not allow her to talk to the Doctor and they falsely told that kerosene lamp fell down and caught fire. Said complaint filed by P.W.1 came to be registered in crime No. 113/2009 of Vijayapura Police Station, Bengaluru for offence under Ss. 498-A, 306 read with Sec. 149 IPC. The Police after investigation filed charge sheet for offence under Ss. 323, 498-A, 307 read with Sec. 34 of IPC. Case came to be committed to the Sessions Court and the Sessions Court framed charge against appellants - accused Nos. 1 to 4 for offence under Ss. 498-A, 323, 307 read with Sec. 34 of IPC. In order to prove the charge the prosecution has examined 12 witnesses as P.W.1 to P.W.12 and got documents marked as Ex.P.1 to Ex.P.9 and material objects as M.O.1 to M.O.10. Statement of the accused persons came to be recorded under Sec. 313 of Cr.P.C. After hearing arguments learned Sessions Judge formulated points for consideration and passed the judgment of conviction and order on sentence as noted supra. Said judgment of conviction and order on sentence has been challenged in this appeal.

(3.) Heard learned counsel for appellants - accused Nos. 1 to 4 and learned HCGP for respondent - State.