RACHAPPA AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants have challenged their conviction and sentence ordered by the trial Court for the offence punishable under Sections 143, 147, 148, 324, 307, 302 r/w. 149 IPC and under Section 30 of the Arms Act r/w. 149 IPC.

(2.) THE facts reveal that on 22.12.2006 at 9.00 p.m., Bheemraya -P.W.9, Mallappa, s/o. Ningappa -C.W.17, Mallappa, s/o. Bheemraya -C.W.19 were going towards their land and while they were passing in front of the house of accused No. 1 [appellant No. 1 herein], there was a quarrel on the ground that P.W.9, C.W.17 and C.W.19 were peeping into his house and Siddappa -P.W.10 intervened in the quarrel and pacified them and in the aforesaid incident, accused No. 4 had assaulted P.W.10 with a stick on the head.

(3.) THE point that arises for our consideration is;