SHIVASHARANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Government Pleader.

(2.) The appellants were arraigned as accused nos. 1, 5 and 6 in Crime No. 27/2009 and it was later numbered as Special Case No. 86/2009 before the court below.

(3.) The background was that on 21.2.2009, at about 9 a.m., in Dhuttargoan village, when one Parmeshwar was going along the road after playing volley ball, it transpires that Nagendra, who was present there, saw the accused forming themselves into an unlawful assembly attacked PW.3 and when the complainant intervened, they continued to attack the complainant and when again, the complainant tried to intervene, he was in turn assaulted by accused no. 3. There were six accused in all. On the basis of the complaint, they were arrested and enlarged on bail. Thereafter, they were charge-sheeted for offences punishable under Sections 143, 147, 148. 323, 324, 326, 504 and 506 read with Sec. 149 of the Indian Penal Code, 1860 (Hereinafter referred to as the 'Indian Penal Code, 1860 ', for brevity) and Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Hereinafter referred to as the 'SC and ST Act ', for brevity) The accused having pleaded not guilty of the charges that were framed and having claimed to be tried, the prosecution had examined 14 witnesses and got marked several exhibits. On the basis of the evidence, the court below has framed the following points for consideration: