STATE OF KARNATAKA Vs. B MUNIKRISHNAPPA

JUDGEMENT

(1.) THE judgment and order of conviction passed by the Fast Track Court - I, Chikmagalur, in S.C.No.195/2009 dated 27.05.2011 is called in question in this appeal by the State.

(2.) THE case of the prosecution in brief is that the accused and the injured PWs 1, 2 and 4 are from the same place i.e., Vijayapura Town of Devanahalli Taluk; a civil litigation existed between accused 1 and 2 on the one side and complainant and his family members on the other side in respect of the property bearing Khatha No.1323/148 situate on Kolar -Sompura road at Vijayapura Town; the shop wherein the incident in question has taken place is also situated on the very property; the civil litigation ended in favour of the complainant's family; the order of injunction is passed against the accused in respect of the property in question; the accused being intolerant of consistent success of the complainant's family before the Court of law, hatched a plan to do away with the life of PWs 1, 2 to 4. During the night intervening between 10.01.2003 and 11.01.2003, PWs 1 and 2 along with PWs 3 and 4 were sleeping in the vulcanizing shop run by PWs 1 and 2 with a view to guard the said shop from the accused family; at about 2.00 a.m. on 11.01.2003, all the accused came to the spot with deadly weapons like chopper, clubs and acid in a plastic can by forming themselves into an unlawful assembly with a common object of killing PWs 1 and 2; the accused were supported by 100s of their followers who also came to the spot; the accused told PW2 that only if he lives in future he can claim the disputed property and therefore, he should be finished; on hearing hue and cry raised by the accused outside the shop, PWs 1 to 4 woke up and saw through the window that PW1 was holding a plastic can and other accused were holding lethal weapons like chopper, clubs etc; all the accused suddenly pushed the tin door of the said shop and destroyed the shop as well as the STD Booth attached to the shop; accused No.1 threw acid on PWs 1 and 2, which he had brought in a can; accused No.2 threw a big stone on the right leg of PW2 and assaulted on his right hand with a chopper and caused grievous injury to him; so also accused Nos.2 to 8 assaulted PWs 1, 2 and 4 with the weapons brought by them, consequent upon which, PWs 1, 2 and 4 sustained injuries.

(3.) THE record further discloses that another complaint came to be lodged by the accused No.1 herein before the very police station against PWs 1 to 4 herein and other witnesses, which came to be registered at about 7.00 a.m. on 11.01.2003. The same was tried in C.C.No.335/2003.