SIDRAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the accused Nos. 1 to 4 by assailing the judgment of conviction passed by Additional District and Sessions Judge, Bidar in S.C. No. 109/2009 dated 21.12.2011.

(2.) The case of the prosecution in nutshell as per the complaint is that, on 24.6.2008 at about 9:00 a.m., accused persons with a common intention tres-passed into land bearing Sy.No.2 of Madnoor village belonging to the complainant. When the complainant and his son were putting firewood and clearing the said land, accused persons threatened them by saying that, they will take away the life and at that time accused No.l tried to assault the complainant, at that time complainant forwarded his hand, as a result of the same, he sustained injuries to his left finger. Accused No.2-Shakuntala also assaulted complainant with a stone on his chest. Accused No.4 Pandit assaulted with club on his right leg. When the complainant's grandson, Premsagar and son Suryakanth tried to pacify the quarrel, in that event accused No.2, Shakuntala assaulted with stone on chest, thereafter one Rama, Parameshwar, Shivakumar and Baburao pacified the quarrel. Thereafter, complainant went to the police station and filed the complaint. On the basis of the complaint, a case was registered in Crime No. 123/2008. After investigation, the police filed the charge sheet.

(3.) After filing the charge sheet, the committal Court, as the counter case is pending on the file of Sessions Court by 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.