LAWS(KAR)-2008-8-19

BASAPPA Vs. STATE OF KARNATAKA

Decided On August 27, 2008
BASAPPA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THE appellants, who were A-1, A-2 and A-4 respectively before the Trial Court, call in question their conviction and sentence passed by the learned Sessions Judge, Bijapur. A-1 and A-2 were convicted for the offence punishable under Section 307 read with Section 149 of the I.P.C. and sentenced to six years R.I. and to pay a fine of Rs.5,000/ - each and in default of payment of fine, to undergo three months imprisonment. Further, they were convicted for the offence under Section 326 of the I.P.C. and sentenced to one year R.I. with the fine of Rs.500/- each, and A-4 was convicted for the offence under Section 326 of the I.P.C. and sentenced to one year R.I. and a fine of Rs.500/- and in default, to undergo one month's imprisonment.

(2.) THE case of the prosecution, in brief, is to the effect that on 25.10.1998, at about 9.00 a.m., when complainant Sangappa was in his land, the accused persons came there by driving the bullock-cart and this was questioned by the complainant and he told them not to go across his land and this led to the incident in which the accused persons said to have assaulted the complainant and further, the complainant's son also sustained injuries in the said incident and, thereafter, some persons rescued the complainant's party.

(3.) HEARD the arguments of the learned Counsel for the appellants Shri S.V.Pattanshetti and the learned Addl. S.P.P. Smt. Anuradha M.Desai for the State and perused the entire material on record.