B JAGADEESHA @ JAGGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The above appeals are preferred by accused Nos.4, 7, 5, 8 and 10, 12, 6, 11 and 9 respectively being aggrieved by the judgment and order of conviction and sentence passed by the Additional Sessions Judge at Mandya dated 29.11.2012 passed in S.C.No.184/2008.

(2.) By the said judgment and order of conviction, the appellants herein were convicted for the offences punishable under Sections 143, 148 and 302 r/w 149 of the IPC, out of them accused Nos.1 to 3, 13 and 14 have been acquitted by the said Court for the offences punishable under Sections 120B, 109, 302 and 212 of the IPC.

(3.) Brief facts of the prosecution case as per the complaint averments Ex.P1 are that PW1 the Head Constable No.214 by name Shivalingaiah filed the complaint alleging that on 22.4.2008 in connection with the assembly elections he was on duty in front of the Inspection Bungalow at Mandya. When he was nearby the front gate and he was on duty at 10.45 a.m. in front of the Haripriya Hotel, towards the western gate, there was some galata going on and people have gathered there. He also went to the said place there he noticed some 5-6 unknown persons were assaulting one person with long. When he went nearby the said place, all those assailants boarded the auto rickshaw and went away towards Mysore. The injured was struggling with the injuries and there he found he has sustained injuries to his head, upper and lower limbs and there were bleeding injuries. The victim was one Mahesh s/o Rangaswamy-PW11. Immediately he informed the same to the control room and he got the vehicle and shifted the injured to Mandya District Hospital. The assailants were of age group of 20 to 25 years. If he again see them he will identify them, hence he requested to take legal action against the assailants who assaulted Mahesh.