HARISHA AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) These two appeals are preferred calling in question the judgment of conviction and sentence passed by the Principal Sessions Judge at Hassan in S.C. No. 53/2009.

(2.) The brief factual matrix that emanate from the records are that, a lady by name Shivamma (P.W. 2) lodged the First Information Report before the Police Sub -Inspector of Arehally Police Station, Beluru Taluk, Hassan District as per Ex. P11, wherein she made allegations that there was long standing land dispute between the family of the complainant and the accused persons. Both civil and criminal cases are pending against each other and some of the cases are disposed. In the background, on 17.12.2008 at about 7.30 a.m., the son of the complainant by name Mahesh (deceased) had been to nearby Somanahalli village for the purpose of getting some coolie workers; While coming back on his Motor Cycle near Lingapura estate on Somanahalli road, the accused, viz., Virupaksha, Harisha, Kumara and Raveesha attacked and assaulted Mahesh with choppers on his head and neck portion. Having sustained severe bleeding injuries Mahesh died instantaneously on the spot. The complainant -Shivamma (P.W. 2), was proceeding on Somanahalli Road on that day at that time, saw the incident. She particularly alleged that, A4 - Kumara assaulted on the head; A1 -Virupaksha on the neck and A3 -Harisha, on the face of the deceased. One amongst of them has thrown the chopper near the fence on the spot and all the four accused persons ray away from the spot; She screamed for help; At that time, a person by name Byraiah (P.W. 1), son of Hirigaiah, who also saw the incident from a distance, came there. Thereafter, when they went near, said Mahesha was found dead on the spot.

(3.) On the basis of the said complaint -Ex. P1, P.W. 12 -K. Nagaraj registered a case in Crime No. 152/2008 for the offences punishable under Ss. 143, 148, 149, 341 and 302 r/w 149 of IPC and after investigation, charge was filed against Accused No. 6 -E.L. Devendra, incorporating Sec. 212 of I.P.C. The trial proceeded against all the six accused persons.