SANTHOSHA Vs. STATE BY MADDUR POLICE

JUDGEMENT

(1.) The present appeal is preferred by accused Nos.1 to 5, challenging the judgment and order of conviction and sentence dated 24.6.2013 passed by the II Additional District and Sessions Judge, Mandya in SC.No.205/2002 along with SC.Nos.135/2005, 49/2007 and 189/2008.

(2.) The sum and substance of the case of the prosecution is that complainant Kamaraju gave a statement as per Ex.P1 alleging that there was a dispute with regard to Site No.26 of Valagerehalli Village between Manchaiah and Laxmaiah and there were two groups pertaining to the said dispute. Accused were supporting Laxmaiah, whereas the complainant and injured CWs.1 to 5 were supporting Manchaiah. In that light, there existed animosity between the said two groups. In this background, on 16.2002 at about 10.00 p.m., when the complainant was talking with Kamalamma in front of the house of one Chunchamma, accused persons by constituting an unlawful assembly in furtherance of their common object, came there by holding deadly weapons and abused the complainant and his wife in filthy language. Accused No.6-Shivananda told to finish Kamaraju as there would be a single case if they kill one person or several persons and instigated accused No.1. Accused No.1 with an intention to kill Kamaraju, assaulted on his head with chopper and as a result of the same, Kamaraju sustained grievous injuries. Accused No.2-Sathisha assaulted the complainant Kamaraju with knife on his right arm and caused the injuries. Accused Nos.3 and 4 assaulted the complainant when he fell down, Kamalamma who was standing nearby, questioned the accused persons, for which accused No.1 assaulted on her head with chopper and accused Nos.3 and 4 assaulted on her back, left side of stomach. On hearing the same, Raju, the brother of the complainant came there and when he questioned the accused, in order to kill him, accused No.1 assaulted him with chopper on his head and as a result of the same, he sustained grievous injury on his left eye and at that time, CWs.3 to 5 came and pacified the quarrel. Thereafter, accused No.5 snatched the club from accused No.3 and assaulted CW.3 Nirmala on her left elbow and accused No.1 assaulted CW.4 Bhanuprakash, S/o.Nirmala on his head. Accused No.2 also tried to assault Bhanuprakash with knife and when he escaped, it caused injury to left side of stomach and at that time, accused No.2 by taking a stone assaulted on left eye of CW.5. Accused No.7 who was also present there, threatened them with dire consequences if they support Manchaiah in the dispute in question. Raju, the brother of the complainant who sustained the injuries was shifted to NIMHANS Hospital for treatment and subsequently on 16.7.2002 at about 30 p.m., he succumbed to the injuries sustained by him. When the complainant was in the hospital, his statement was recorded as per Ex.P1 and a case was registered in Crime No.294/200 After completion of investigation, the Investigating Officer filed the charge sheet against the accused persons.

(3.) After filing of the charge sheet, accused Nos.1 to 3 absconded and split up case was committed as against accused Nos.4 to 7 to the Sessions Court. Subsequently, accused Nos.1 to 3 were apprehended and their case was also committed separately and in that light, these four cases have been separately registered and tried by the Sessions Judge. The learned Sessions Judge after committal took cognizance and after hearing the learned counsel for the parties, framed the charge. Accused persons pleaded not guilty and they claimed to be tried as such the trial was fixed.