RAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is against the judgment and sentence dated 05/11/2011 passed by the Prl. District and Sessions Judge, Davanagere, in Sessions Case No.23/2010 convicting the Accused 1 to 6 for the offences punishable Under Sections 120- B, 302 and 114 r/w Sec. 149 of IPC.

(2.) The case of the prosecution in brief is that, there was a previous enmity between the accused No.1 and the deceased Gangappa on account of a dispute with regard to the landed property. On 18.11.2009 in Kenchikoppa village of Honnali Taluk, Accused No.1 to 6 with a common object of committing the murder of the deceased Gangappa, formed into an unlawful assembly and conspired to commit his murder at about 7.30 p.m., when the deceased along with his wife-CW1 Manjamma and CW2 Pradeep and CW3-Umesh came to the Tea shop of CW4-Suresh. Accused No.2 and 6 held the hands of the deceased; Accused No.3 and 4 held the shoulder of the deceased; Accused No.5 caught hold of the hair on the head of the deceased and Accused No.1 by picking up a chopper, which was hidden inside his shirt, assaulted on the neck of her husband on two occasions and moved the chopper forward and backward on the neck of the deceased. He was immediately taken to the hospital, but was declared as brought dead. Thereafter complaint was lodged by PW1. A case was registered against the accused persons for the offences punishable under Sections 120-B,302 r/w Section 149 of IPC and also under Section114 r/wSec.149 of IPC against Accused No.5. Thereafter the accused were arrested. On completion of the investigation, charge sheet was filed. The case was committed to the Court of Sessions. The accused pleaded not guilty and hence, the matter was set down for trial.

(3.) In order to prove its case, the prosecution, in all examined 22 witnesses and marked 29 exhibits along with 10 Material Objects. The trial court convicted the accused persons and sentenced them as hereunder: