KAREEM Vs. STATE

JUDGEMENT

(1.) THE accused 1 to 4 in C. C. No. 888/1999 on the file of the Civil Judge (Jr. Dvn.) and JMFC, at Sira, have presented this revision petition under Section 397, Cr. P. C. , questioning the legality and correctness of the judgment of conviction and sentence dated 23-9-2002 passed by the learned magistrate convicting these petitioners for the offences punishable under Sections 143, 144, 147, 148, 323, 324 and 326 read with Section 149,i. P. C. and sentencing them to undergo imprisonment for various periods for the aforesaid offences and also the Judgment dated 26-10-2005 passed by the Presiding officer, Fast Track Court No. IV, Tumkur, in criminal Appeal No. 51/2002, dismissing the said appeal and affirming the Judgment of conviction and sentence passed by the learned magistrate.

(2.) SIRA Police filed charge sheet against these petitioners and four others, for the aforesaid offences alleging that on 9-8-1999 at about 9. 30 p. m. , when CW-2 Jaithun w/o hussain Sab, was sleeping in her house in eavood Palya, Sira Taluk, the accused 1 to 8 by forming themselves into an unlawful assembly, armed with deadly weapons came near her house, pushed the door and trespassed into her house by abusing CW-2 (PW-2) in filthy language, and when she came out of the house and brought CW-3 (PW-3) Vazeer, he was assaulted on the head by chopper, at that time CW-1 (PW-1) S. H. Hassain Sab, CW-4 (PW-4) Raheem and CW-5 (PW-5) Basha came there, all the accused assaulted CWs. 1, 4 and 5 with clubs and other weapons causing them grievous injuries, thereby, the accused committed the aforesaid offences.

(3.) ACCORDING to the prosecution, the case wag registered on the basis of the complaint lodged by PW-1 Hassan Sab. During the investigation, all the eight accused persons were arrested and after completing investigation change sheet was laid. The learned Magistrate, who took cognizance of the offences alleged, secured the presence of the accused persons. All the accused pleaded not guilty for the charges leveled against them and claimed to be tried. During the trial, the prosecution examined PWs. 1 to 11, got marked Ex. P-l to p-7. During the examination of the accused under Section 313, Cr. P. C. , the accused persons denied all the incriminating circumstances appearing against them. The accused persons did not choose to lead any defence evidence. The defence of the accused persons was one of total denial and that of false implication.