RAJA RAMAPPA NAYAK Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred by appellants-accused Nos. 1 to 6 by assailing the judgment of conviction passed by the Prl. Sessions Judge, Yadgiri in S.C.No. 63/2010 dated : 17.08.2011.

(2.) The genesis of the case of the prosecution is that on 6.7.2008 the complainant was removing waste things in her land bearing sy.Nos.63 and 102 at Kudalagi village, at that time, at about 5.00 or 5.30 p.m., one Ramappa Naik S/o Lachmappa Naik of Surpur along with Siddanna Bangeri, Tirupati S/o Chandappa Kanagundi of Kudalagi village and 8 to 10 other persons trespassed into her land by constituting an unlawful assembly and abused her by saying that he has purchased the said land, by abusing so, Ramappa Naik grappled her and snatched gold chain (Bormala Sara) and 5- talas of golden bangles from her hand and thereafter by holding her Saree pulled her and at that time Siddanna Bangari and Tirupati abused and threatened the complainant with life and thereafter assaulted on her back, chin with hands and the remaining 8 to 10 persons surrounded her, at that time, the mother of the complainant Gurusiddamma, her husband Rudragouda and Basavva Madar came and rescued her. Since, there was a dispute between the complainant and the accused persons, the said Ramappa Naik assaulted her and thereafter robbed the gold ornaments. Subsequently, a complaint was came to be filed and on the basis of the complaint, a case was registered in Crime No. 101/2008. After investigation, charge sheet came to be filed.

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