TEJAS AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction, convicting accused Nos. 1 to 14 for the offences punishable under Sections 143, 147, 148 and 302 r/w Section 149 of IPC is called in question in these appeals by the convicted accused.

(2.) FIFTEEN accused (including acquitted accused No. 15) were tried for the offences under Sections 143, 147, 148 and 302 r/w Section 149 of IPC. As aforementioned, accused No. 15 is acquitted, whereas accused Nos. 1 to 14 are convicted for all the offences for which they are charged.

(3.) CASE of the prosecution in brief is that Kumara (P.W. 15) was the driver of the Scorpio Vehicle owned by the deceased -Anjanappa; the deceased was taking the services of P.W. 15 whenever needed; on 08.09.2010, accused No. 1 alongwith his followers i.e., accused Nos. 2 to 14 went to Nelamangala in a Tata Sumo vehicle driven by P.W. 16 and Tata Indica car driven by P.W. 21; they hatched a plan in Shivaprakash Panjabi Dabha situated at Nelamangala to do away with the life of the deceased; the conspiracy was overheard by P.Ws. 16 and 21; accused Nos. 1 to 14 though tried to implement the plan of committing murder of the deceased on 09.09.2010, were unsuccessful; at 7.30 a.m. on 10.09.2010, Anjanappa (deceased) left his house in Scorpio vehicle in order to meet the fortune teller; though P.W. 15 was the driver of Scorpio vehicle, the deceased told P.W. 15 that he should sit on the back side of the car and that deceased himself would drive the vehicle since he knew the route of the house of fortune teller; both of them left the house of Anjanappa at 7.30 a.m. on 10.09.2010 in a Scorpio vehicle; the accused who were watching the movements of Anjanappa followed the Scorpio vehicle and went to towards Gokul Extension in Tumkur in Tata Sumo and Tata Indica vehicles. They were holding deadly weapons like choppers and knives etc., apart from chilly powder; when the car of the deceased came near fire brigade office situated near Railway level crossing gate, the deceased stopped the car since the gate was closed; accused Nos. 1 to 14 reached the said place in the vehicles and attacked Anjanappa with deadly weapons and damaged his vehicle; Anjanappa tried to escape himself by getting down from the Scorpio vehicle, however accused Nos. 1 to 14 chased him to certain distance and brutally attacked him, because of which the deceased sustained sever grievous injuries and fell in a gutter. P.W. 15 who was sitting in the Scorpio vehicle, with the help of P.Ws. 8, 9 and others shifted injured to District Hospital, Tumkur for treatment. Medical Officer of Government Hospital, Tumkur, examined Anjanappa and declared that he was brought dead.