THOMAS DSOUZA Vs. STATE OF MYSORE

JUDGEMENT

(1.) The five accused before the Courts below are the petitioners in this revision petition. Accused I is the brother-in-law of the complainant P.W. 1. Accused 2 is the brother of Accused 1. Accused 3, 4 and 5 arbitration the sons of Accused 1. They are all residents of a village known as Neelavar in the District of South Kanara, residing in an Island in the middle of a river. They are members of a Christian family. There was some kind of a controversy in regard to the operations carried on by some members of the family for capturing bats on which the family lives, in consequence of which, there was an altercation between them which gave rise to a complaint and counter complaint, the allegations in which were to the effect that there were offences of rioting and hurt. Mr. Deshpande, the learned Advocate for the petitioners, informs me that in the prosecution commenced on the basis of the complaint of the petitioners there has been an Order of discharge of P.Ws. 1 and 2 and the other members of their party.

(2.) But in the prosecution commenced at the instance of P.W.1, the petitioners were charged with offence punishable under Ss. 148, 326 and 324 read with 149 of the Indian Penal Code. The accusation was that P.Ws. 1 and 2 were both--belaboured by the Accused who formed themselves into an unlawful assembly. So, there was a charge of rioting. There was a charge of grievous hurt by dangerous weapons by an unlawful assembly. The Magistrate acquitted the accused of the charges under sections 148 and 326. In regard to the hurt caused to P.W. 1 all the accused were convicted under S. 324 read with S. 149 of the Indian Penal Code. In these accused were sentenced to three months rigorous imprisonment.

(3.) These convictions and sentences were confirmed by the Court of Session.