FAKRUSAB HUSSAINSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all 8 accused persons were arraigned in Sessions Case No.78 of 1974 on the file of the I Addl Sessions Judge, Belgaum. The Appellants in Criminal Appeal No.462 of 1974 are A3, A6 and A8 and the appellants in Criminal Appeal No.463 of 1974 are A4 and A5 from amongst them. The rest of the accused have been acquitted.

(2.) All the 8 accused were charged with having committed offences punishable under S.302 IPC., read with S.149 IPC., in regard to the murder of Dilawar Mulla and S.307 IPC, read with S.149 IPC, in regard to attempt to commit the murder of Maktumhusein, PW.9, father of Dilwar. A1 & A2 had also been charged with having comitted an offence punishable under S.120B of the IPC. The charge under S.147 IPC was levelled against all the accused.

(3.) A1, A2 and A7 have been acquitted of all the charges. A3 to A6 A8 viz;, the appellants in the said two appeals have been acquitted of the offence under S.302 IPC, read with S.149 IPC. They have been convicted for having committed an offence punishable under S.307 IPC, read with S.149 IPC. Out" of these appellants, A4 only has been sentenced to undergo imprisonment for life on the ground that he was the person who had shot at PW.9. A3, A5, A6 and A8 have been sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.500 and in default to undergo rigorous imprisonment for one year. A3 to A6 and A8 have also been convicted under S.147 of the IPC and sentenced to undergo rigorous imprisonment for one year. The substantive sentences are to run concurrently. The convictions and the sentences have been challenged in these appeals. There is no appeal by the State.