HANMANTH AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the accused Nos.1 to 5 assailing the judgment of conviction passed by Additional District and Sessions Judge, Bidar in S.C. No.50/2009, dated 21.12.2011.

(2.) The case of the prosecution in nutshell as per the complaint are that, on 24.6.2008 at about 9:00 a.m., accused by constituting an unlawful assembly by holding lethal weapons trespassed into the land bearing Sy.No.2 of Madnoor village belonging to the husband of the complainant. When they questioned about lifting of stones a Tractor, accused No.1 assaulted the husband of the complainant Sidram with a club on his left shoulder. Accused No.2 Nagendra assaulted him with an iron rod on left elbow. Accused No.3 Suryakanth assaulted him with a club on his thumb. Accused No.4 Pappu alias Premsagar assaulted him with an axe on his head. Accused No.5, Basavaraj assaulted Sidram with a club with an intention to take away the life of husband of the complainant. As a result of the said assault, he sustained injuries. When another wife of the complainant's husband tried to intervene and pacify the quarrel, accused Nos.6 to 8 assaulted with hands, on shoulder, back and thereby caused simple injuries. Subsequently, they abused with filthy language and threatened with life. On the basis of the complaint, a case was registered in Crime No.122/2008. After investigation, the police filed the charge sheet.

(3.) After filing the charge sheet the committal Court on following the procedure laid down under Sec. 207 of Cr.P.C committed the case to the Sessions Court. The Sessions Court after taking the cognizance, secured the accused persons, after hearing them about the charge, charges came to be framed. Since, accused denied the charges and claimed to be tried, the trial was fixed.