KERIYAPPA AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is preferred by appellant -accused Nos. 1 to 5 being aggrieved by the judgment and order of conviction dated 29.4.2010 passed by the I Fast Track Court at Shimoga in S.C No. 150/2007 convicting the appellants accused for the offences punishable under Section 307 read with section 149 and Sections 143, 144, 148, 326 read with section 34 of IPC and further appellant Nos. 2 and 3 are also convicted for the offences punishable under Section 324 read with section 34 of IPC.

(2.) CASE of the prosecution in brief is that P.W.1 Jagadeesha lodged a complaint before the Soraba police station under Ex. P.1 stating that they are four brothers. Chandrappa, the 2nd brother of complainant, is residing separately, and the complainant and his other two brothers Sidramappa and Holiyappa are staying together. It is further stated that on 5.6.2006, Holiyappa, the younger brother of the complainant, went to the land with tractor and after tilling the said land, he came back to the village. At that time, Eshwarappa, the uncle of complainant started to abuse the complainant and his brothers in filthy language that they have come to till the land and he has also stated that he will lodge a complaint in that regard before the police. On 6.6.2006 at about 8.00 p.m., when the complainant was in the house, he heard the sound that his brother Chandrappa was being assaulted. Immediately, himself and his brothers Sidramappa and Holiyappa went to the said place and saw accused Nos. 1 to 5 were assaulting Chandrappa. Accused No. 1 Keriyappa holding kandali (chopper) in his hand assaulted Chandrappa and caused injury on the knee portion. Accused No. 3 Rudrappa also assaulted on the thighs of Chandrappa and caused injury. When the complainant went to the rescue, at that time, accused No. 3 Rudrappa assaulted him with the hands on the chest portion. Accused No. 5 Manjappa assaulted Sidramappa with club on his back and the toes of the left leg and caused injury. Accused No. 2 Ganapathi and accused No. 3 Rudrappa assaulted Holiyappa, the brother of the complainant, with stone on the back and the accused Ganapathi also assaulted Holiyappa with the club on the head portion and caused the injuries. When the complainant and his brothers cried for the help, due to the pain sustained by the blows given by the accused, the mother of the complainant and the neighbours came to their rescue and pacified the quarrel. Accused Nos. 1 and 3 assaulted Chandrappa with the chopper on the left leg and caused the fracture of bones. Accused Nos. 1 to 5 have also abused them in filthy language and posed the life threat and went away by throwing the clubs and stones at the spot. As the leg of Chandrappa was cut and as there was bleeding, he was taken to the Government Hospital at Sagar so also Holiyappa was taken to the said Government Hospital. As per the advice of the Doctor at Government Hospital, Sagar, Chandrappa was taken to Mc. Gann hospital at Shimoga. Hence, the complainant requested to take action against the said accused persons. On the basis of the said complaint, Soraba police registered the case in crime No. 78/2006 and issued FIR as per Ex. P.8.

(3.) THE prosecution in support of its case, examined in all 9 witnesses P.Ws.1 to 9 and got marked the documents Exs. P.1 to 16(a) and also got marked M.Os.1 to 4. On the side of the defence, no witnesses were examined. However, the documents Exs. D.1 to D.14 were got marked by the defence.