M.S.VIJAYKUMAR Vs. STATE

JUDGEMENT

(1.) Crl.A.No.360/2013 arises out of judgment and order dtd. 16/3/2013 passed by the Additional District and Sessions Court, Mandya, in S.C.No.83/2010 whereby the appellants /accused Nos.1 to 4 are convicted for the offence punishable under Sec. 323, 324 read with Sec. 34 of IPC.

(2.) It is the case of prosecution that on 8/9/2009 at about 08:30 p.m., accused Nos.1 to 7 formed an unlawful assembly armed with clubs and bricks and picked up quarrel with CWs.1 to 3 (PWs.1 to 3) and assaulted them with the weapons they were carrying and caused injuries to them etc.

(3.) Charges were framed against accused Nos.1 to 7 for the offence punishable under Sec. 143, 147, 148, 341, 323, 324, 427, 307 read with Sec. 149 of IPC. The learned Sessions Judge was pleased to acquit accused Nos.5 to 7 of all the charges, however, convicted accused Nos.1 to 4 for the offences punishable under Sec. 323, 324 read with Sec. 34 of IPC.