H K PUTTA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order of conviction dated 30.08.2011 Passed by the IV Additional Sessions Judge Mysuru, in S.C. No.1/2007 is called in question in the above appeals.

(2.) Crl. Appeal No.1201/2011 is filed by appellantaccused No.21, Crl. Appeal No.928/2011 is filed by appellant-accused No.19, Crl. Appeal No.1092/2014 is filed by appellant-accused No.18, Crl. Appeal No.1010/2011 is filed by appellant-accused No.6, Crl. Appeal No.1042/2011 is filed by appellants-accused Nos.1 and 25, Crl. Appeal No.1053/2011 is filed by appellant-accused No.22, Crl. Appeal No.1216/2011 is filed by appellant-accused No.4, Crl. Appeal No.1101/2012 is filed by appellant-accused No.23, Crl. Appeal No.980/2011 is filed by appellantaccused No.15, Crl. Appeal No.1066/2011 is filed by appellant-accused No.13, Crl. Appeal No.1099/2012 is filed by appellant-accused No.14, Crl. Appeal No.1100/2012 is filed by appellant-accused No.17, Crl. Appeal No.1098/2012 is filed by appellant-accused No.3, Crl. Appeal No.1293/2011 is filed by appellant-accused No.9, Crl. Appeal No.993/2011 is filed by appellants-accused Nos.8 and 16 and Crl. Appeal No.1037/2011 is filed by appellant-accused No.20.

(3.) Case of the prosecution as per the complaint Ex.P.2 dated 18.11.2005 filed by P.W.1 Sampath Kumar is that he is residing in house No.695 at Inakal village along with his family members. Mother of the complainant namely Gangamma (deceased) was residing at house No.334 of Lakshmikantha Nagar, Hebbala Extension. Hundreds of people were living illegally, in the houses constructed by Mysore Urban Development Authority in the said area. It was told by Akhilabharatha Janajagruthi Maha Sabha (for short 'the AJMS') Organisation to the dwellers of the area that the houses in which they were residing would be regularized in their name by approaching the Hon'ble Chief Minister and as per the instruction of Mantelingaiahaccused No.1, they had to pay certain Amount to the government. In this connection, AJMS meeting used to be held in Chamundi guest house once in every 15 days and every one was insisted/pressurised to compulsorily attend the said meeting. Gangamma, the mother of the complainant gave the press statement in Kannada Prabha, a Kannada daily new paper, on 17.11.2005 against Mantelingaiah Accused No.1 and after seeing the same, Mantelingaiah (Accused No.1) became furious and instructed his followers immediately to bring the said Gangamma before him. Accused No.2 (Rowdy Sidda) pronounced that Mantelingaiah (Accused No.1) is sitting in the black colour Tata Sumo vehicle and that nobody in the area should leave their house. He was shouting loudly holding the deadly weapons in the hands. The women accompanying said Siddu were having the chilli powder in their hands and they entered the house of the mother of the complainant illegally. They held Gangamma and pulled her from the house. Said Gangamma cried because of the fear and she was requesting the people around to protect her. She fell on the ground and became unconscious. At that time Bar Beding Nanja @ Nanju (accused No.14), Rowdy Sidda (Accused No.2), Chikkandani @ Andanaiah (Accused No.17), Gangothri Mahadeva @ Mahadeva (Accused No.13), Siddalingapura Mahadevu (Accused No.19), Hanumanthnagar Jayaram (Accused No.20), Krishnaveni (Accused No.5), H.K. Putta (Accused No.21), Madhu @ Madhubala (Accused No.22), Bhagyamma (Accused No.6), Gandhinagar Mark Lokesh (Accused No.23), Chandramma (Accused No.4) and others together held the upper and lower limbs of Gangamma and put her into the auto bearing No.KA-12-4272 and kidnapped her during night i.e., at 9.00 p.m. on 17.11.2005. At the instigation of Mantelingaiah (accused No.1), the above mentioned accused people, kidnapped Gangamma, the mother of the complainant. The complainant requested the Police to find out as to whether the accused have committed the murder of Gangamma or as to whether they took her to the unknown place and ill treated her; he requested the police that the above said persons are to be arrested and protection is to be given to the life of his mother. Rathnamma (P.W.3) and Geetha (P.W.4) who have seen the incident of abduction came and informed about the same to the complainant. The other persons have also seen the said incident. After getting the confirmation about the said incident, P.W.1 has lodged the complaint on 18.11.2005 and the same was registered at 2.15 p.m. in Vijayanagar police station, Mysuru, crime No.186/2005 for the offences punishable under Sections 114, 144, 148, 448, 354, 365 read with Section 149 of IPC registered and FIR was issued as per Ex.P.111.