SWAMYGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Appeal Number 185 of 1994 is by Accused Nos. 1 to 22 against their conviction under Ss. 148,324, 326, 341 and 302, I.P.C. and the sentences imposed by the Principal Sessions Judge, Mysore in S. C. No. 87/1989. Criminal Appeal No. 494/94 is by the State against the acquittal of respondent Nos. 1 to 7 who were accused Nos. 23 to 29 before the Sessions Court for offences punishable under Ss. 143, 144, 147, 148, 341 r/w. Section 149, I. P. C., S. 326 r/w. S. 149, I. P. C. and 302 r/w. S. 149, I. P. C.

(2.) The case of the prosecution is as follows :-

(3.) On 2-5-1989, PW 29-Suh-Inspectorof Police, Hunsur Police Station, which is at a distance of 18 kms. from Karimuddenahalli, received a message through telephone at about 6.30 p.m. from Karimudenahalli that some miscreants assaulted deceased Nos. 1 and 2. On receipt of the said message, P W 29 along with P W 25 and other police constables hired a taxi belonging to PW 20 and reached the village by 7 p.m. and found the deceased Nos. 1 and 2 lying at different spots and they were alive at that time. He also found PWs. 1 to 6 and 9 were injured. After recording the statement of PW 1, he sent the deceased and PW 3 to the hospital for treatment. Thereafter PW 32-Inspector of Police came to the spot in a police van and after recording the statements of PWs. 1, 2, 4, 5, 6 and 9 they were also sent in a van to the hospital for treatment along with PW. 29. PW 29 went to the police station and prepared a memo Exhibit P. 6 to the Medical Officer and sent them to the hospital for treatment. Crime No. 93/89 was registered by PW 29 at 8.15 p.m. for offences under Ss. 143, 147, 148, 324 and 307 r/w S. 149. I. P. C. against respondents 1 to 22. FIR Exhibit P. 25 was sent through PW 26-Police Constable to the jurisdictional Magistrate's Court which reached at about 1 a.m. on 3-5-1989.