MAREPPA BELLAPPA SANDIMANI Vs. STATE

JUDGEMENT

(1.) The judgment and order of conviction dated 13.11.2009 passed by the III Addl. Sessions Judge, Gulbarga in S.C.No. 142 of 2009 is called in question in this appeal by the appellants-accused. By the impugned judgment and order of conviction the Trial Court convicted accused Nos.1 to 7 for the offences punishable under Sections 147, 148, 448, 323, 324, 326 and 307 read with Sec. 149 of Penal Code but they are acquitted for the offences punishable under Sections 504 and 506 read with Sec. 149 of IPC. By the same judgment the Trial Court acquitted accused Nos.9 and 10 for all the offences with which they are charged.

(2.) The brief facts of the prosecution case as per the complaint averments that accused No. 1 being the complainant 's father 's sister 's husband and remaining accused are related to accused No. 1, since the complainant 's father had given the land bearing Sy. No. 108 of 2 to his sister and accused No. 1 was cultivating and enjoying the land long back. But after the death of complainant 's father, complainant got entered his name in the record of rights of the said land asked accused No. 1 to leave the said land to him since it belongs to his father, when accused No. 1 refused and during the dispute the accused ploughed the said land grown the toor crop and complainant got harvested the said toor crop, due to which a quarrel had taken place between the complainant and accused and due to the said grudge on 14.03.2008 at about 9:00 p.m. when the complainant, his wife and son were taking meals in their house, at that time it is alleged that accused Nos. 1 to 10 in furtherance of their common object formed into an unlawful assembly with an intention to commit rioting on the complainant, at that time they were armed with deadly weapons like axe and stones and committed house trespass by entering into the house of CW. 1 and picked up quarrel with the complainant and abused him in filthy language and intentionally insulted him and accused Nos.2, 4 and 6 have assaulted to CW. 1 with the stones on his forehead and left leg, later accused No. 3 bite on his cheek and accused Nos. 1 and 7 assaulted with hands and voluntarily caused hurt to complainant; accused No. 6 assaulted CW. 1 complainant with axe on his left elbow and caused grievous hurt to the complainant and attempted to commit his murder by assaulting with axe, at that time when the complainant 's son and wife i.e. CWs.6 and 7 came to pacify the incident, at that time accused assaulted them with hands and voluntarily caused hurt to them and after arrival of CWs.8 and 9 accused went away giving life threat to the complainant. Thereafter, injured complainant, his wife and son went to Chittapur police station and CW. 1 lodged his oral complaint, as per Ex.P 1 and on the basis of which case was registered against all the accused persons for the offences punishable under Sections 147, 148, 448, 323, 324, 326, 504, 506, 307 read with Section 149 of IPC.

(3.) After completing the investigation, the Investigating Officer tiled charge-sheet against all the accused persons for the alleged offences.