CHANABASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellants were accused nos.1 to 6 in a criminal case in S.C.28/09 which was pending on the file of III Additional Sessions Judge, Bijapur. They had been charged for the offences punishable under Sections 147, 148, 326, 324, 308, 504, 506 read with Section 149, I.P.C. vide charge dated 8.5.2009. They had pleaded not guilty and claimed to be tried. But ultimately the learned sessions judge has convicted the appellants for the offences punishable under Sections 326 and 324 read with Section 149, I.P.C. and has directed them to undergo SI for six months and to pay fine of Rs.5,000/ - each for the offence punishable under Section 326, I.P.C. and to undergo RI for 3 months and fine of Rs.1,000/ - each for the offence punishable under Section 324, I.P.C., vide judgment dated 30.9.2010.

(2.) Allegation made against the accused as per the charges framed on 8.5.2009, is that the accused had formed an unlawful assembly holding deadly weapons like sticks, clubs and stones at 11.00 a.m. on 1.1.2008 near Kalasamma temple, Suragihalli village of Sindhgi Taluk, and committed rioting and assaulted witness Basavaraj on his legs, hands and neck and attempted to commit culpable homicide not amounting to murder and also abused him by using filthy language, thus provoking him to break public peace and threatened him with dire consequences to his life and limbs.

(3.) In order to bring home the guilt of the accused, 13 witnesses have been examined and four exhibits have been got marked. Four M.Os. have also been got marked. After the conclusion of the evidence of prosecution, the accused were examined in regard to the incriminating circumstances emanating from prosecution case. Their case is one of total denial. No evidence is adduced on behalf of the accused.