CHANDRA S/O DOLLEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by accused Nos.1 to 6, being aggrieved by the judgment and order of conviction and sentence dated 1.10.2015, passed by the II Additional District and Sessions Judge, Ramanagara to sit at Kanakapura in SC.No.95/2008 by which they are convicted for the offences punishable under Sections 143, 506, 302 r/w. Section 149 of IPC.

(2.) Brief facts of the case of the prosecution as per the complaint filed by one Nanjunda are that on 15.3.2008 when his cousin (uncle's son) Shivanna was near the garden land, accused persons Chandra, Padma, wife of Chandra, Bapuji @ Kariya, Aswath, sons of Dollegowda, Srinivasa and Narasimha, sons of Puttaswamygowda assaulted him in connection with digging of bore-well. They also assaulted Sanna Marigowda and others. In that light, at about 8.30 p.m. on the very day, the aforesaid accused persons by constituting an unlawful assembly came and picked up a quarrel with Shivanna and accused No.1 assaulted Shivanna with a club on his back and other parts of the body and the other accused persons kicked him and while going, accused No.6-Narasimhaiah assaulted him on his stomach with a big stone with an intention to kill him. After seeing the complainant who was near the incident, accused persons threatened him with dire consequences if he tried to rescue and when he made hue and cry Narayana, S/o.Singrigowda, Puttagowda came there and by seeing them accused persons ran away from the place. On the basis of the complaint, a case was registered by Harohalli Circle Police, in Crime No.54/2008 as against the accused persons for the offences punishable under Sections 143, 302, 506 r/w. Section 149 of IPC.

(3.) In order to prove its case, the prosecution in all has examined 19 witnesses and got marked 13 Exhibits and also MO.Nos.1 to 4. During the course of crossexamination, the accused got marked Ex.D1 to D4.