SHIVANNA AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present revision petition is filed under Section 397, Cr.P.C. challenging the judgment of conviction and sentence passed in C.C.59/08 by the learned civil judge at Holenarasipura and affirmed in Crl.A.15/10, a judgment passed by the presiding officer of fast track court at Holenarasipura. Petitioners have been convicted for the offences punishable under Sections 324 and 326 read with Section 34, I.P.C. and have been sentenced to undergo rigorous imprisonment for a period of two years for the offence punishable under Section 326 read with Section 34, I.P.C. and also to pay a fine of Rs.1000/- each, in default, to undergo two months simple imprisonment. They have been sentenced to pay a fine of Rs.1000/- each for the offence punishable under Section 324, I.P.C.

(2.) This judgment of conviction dated 17.2.2010 passed in C.C.59/08 had been called in question by filing an appeal under Section 374, Cr.P.C. in Crl.A.15/10.

(3.) The case of the prosecution is that at about 12.00 midnight on 13.8.2006, CW1-Thammagowda gave a statement to the police that CW-10 (PSI) that at 10.00 p.m. on the previous day, when himself and his family members were sleeping, they heard the sound of stones being pelted at their house and some persons abusing them. When he opened the door, 2nd accused with picked up quarrel and assaulted on his left shoulder with a stone (M.O.2), When CW2-Mallegowda came to rescue him, Shivanna-1st accused assaulted him (CW-2) on his head causing bleeding injuries. When Parvathamma (PW-3) tried to interfere, the 3rd accused-Manja hit her on her right knee. The further case of prosecution is that Javaregowda (4th accused) brought other accused from Bachenahalli village and instigated them to pick quarrel with CWs-1 to 3. In the meantime, PW-4 and PW2- Mallegowda pacified them and all the injured persons were taken to Government Hospital, Holenarasipura and a case was registered against eight persons for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 504, 114 read with Section 34, I.P.C.