VENKATARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant-accused 1 to 5 are convicted for an offence punishable u/ss. 143, 144, 147, 307 r/w. Sec. 149 IPC. The prosecution discloses that P. W. 2 on 22-2-1998 got down from the bus at 9-20 a. m. at Kuretty Hosur. At bus stand lot of people had gathered and there was commotion. The accused persons carrying deadly weapons exhorted one another to assault P. W. 2 on the ground that he belongs to Puttashetty group thus all the accused persons come rushing towards P. W. 2 and assaulted him causing as many as three fractures with the deadly weapons.

(2.) THE prosecution proves the guilt of the accused by the evidence of P. W. 2 the victim, P. W. 4 the wife of the victim, P. W. 1 is the doctor who has treated and issued wound certificate at Ex. P. 1 to corroborate the version of P. W. 1 regarding the fracture injuries. In the cross-examination of P. Ws. 2 and 4 nothing is elicited to dent the veracity. On overall consideration, it is to be seen that the accused are liable for conviction u/s. 326 IPC and not Sec. 307 IPC.

(3.) THE incident is of the year 1988. The trial Court has rendered judgment on 17-2-2000. The accused have undergone the ordeal oflong trial for over a period of 12 years. The order sheet discloses that the accused persons have attended 48 hearing dates. Attendance on each date of hearing has the effect of a day's confinement.