VENKATESHA AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order of conviction dated 30.09.2011 passed by the Fast Track Court, Bhadravathi, in S.C No.108/2009 is called in question in these two appeals. The accused appellants were tried and convicted for the offences punishable under Sections 143, 148, 302 read with Section 149 of IPC by the Court below. Criminal Appeal No.1224/2011 is filed by accused Nos.3 to 6; where as Criminal appeal No.1183/2011 is filed by accused Nos.1 and 2.

(2.) Case of the prosecution in brief is that accused are belonging to one particular caste and whereas the deceased is from another caste; since more than 10 years, the youngsters from the caste of the accused used to tease the ladies/girls belonging to the caste of the deceased. In that regard, the deceased and others were not only requesting the caste members of the accused but were taking action against them by lodging the complaint; they had even quarrelled with each other; despite such repeated attempts by the deceased and his fellow men, the community people of the accused did not stop. It is further case of the prosecution that the accused being the youngsters of the particular caste and influenced by the talks heard by them from their elders, came in a group with the object of doing away with the life of the deceased. On the date of the incident, the accused felt that the deceased should be done to death since he was the main person who was objecting for the illegal activities. Hence, all the accused with the said common object, came with four choppers and one iron pipe in a group, on two motor cycles wherein the deceased was pushing his motor cycle to leave the same for repair to the garage. On 11.3.2009 at 10.00 a.m., all the accused assaulted the deceased with the weapons with which they had brought; the incident has taken place on the main road of Bhadravathi town; consequent of such assault, the deceased died on the spot. During the relevant point of time, the deceased was proceeding along with his daughter Shashikala (P.W.1) for leaving her to her college since she was late to the college on that day; unfortunately, the motor cycle stopped because of mechanical problems; consequently, P.W.1 got down from the motor cycle and started walking behind the deceased, whereas the deceased started pushing the motor cycle for getting it repaired. By the time the deceased proceeded about 20 steps, all the accused came in two motor cycles and assaulted the deceased. Shashikala (P.W.1) was aged about 19-20 years during the relevant point of time and was studying in the 1st year B.B.M course. She lodged the complaint at about 11.00 a.m. on 11.03.2009 before Bhadravathi Old Town Police Station which came to be registered by the Sub-Inspector of Police of the said Police Station (P.W.9) in crime No.98/2009. FIR was dispatched to the jurisdictional Magistrate immediately thereafter. However, the same reached the jurisdictional Magistrate at 3.00 p.m. on 11.03.2009. P.W.23 - Sub Inspector of Police completed investigation and laid the charge sheet.

(3.) In order to prove its case, the prosecution in all examined 23 witnesses and got marked 19 exhibits and 25 material objects. On behalf of the defence, no witness is examined. As aforementioned, the trial Court, on evaluation of the material on record, convicted all the accused in respect of the offences with which they were charged.