BALAJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Since all the above appeals are in respect of the same judgment and order of conviction and sentence dated 10/11.06.2015 passed by the learned V Additional District and Sessions Judge at Mandya in S.C.No.37/2003 and as the common questions of law and facts are involved in all the appeals, they are taken together to dispose of them by this common judgment.

(2.) Criminal Appeal No.750/2015 is preferred by accused Nos.8 and 5, Criminal Appeal No.730/2015 is preferred by accused Nos.3 and 6, Criminal Appeal No.716/2015 is preferred by accused No.1, Criminal Appeal No.1000/2015 is preferred by accused No.4, Criminal Appeal No.898/2015 is preferred by accused No.7 and Criminal Appeal No.999/2015 is preferred by accused No.2, all being aggrieved by the judgment and order of conviction and sentence dated 10/11.6.2015 passed by the V Additional District and Sessions Judge, Mandya in S.C. No.37/2003 wherein the appellantsaccused are convicted for the offences punishable under Sections 143, 147, 148, 302 read with Section 149 of IPC.

(3.) Brief facts of the prosecution case as per the statement alleged to have been given by the deceased Ramesha under Ex.P.30 is that, he is residing in the address mentioned in the statement. On 30.10.2002 at 9.30 p.m., the festival of Beeradevaru was going on in Yadanahalli village. At that time, because of old enmity between the people of his village and the persons on the side of Biligowda, there was galata and in that connection, the case was registered in the police station. It is further stated that because of this galata and the background of the situation and by thinking that the police may apprehend him, that on 31.10.2002 at about 30 p.m., the said Ramesha was hidden in the land of sugar cane crop of one Kenchegowda. At that time, Maridimma, Basavaraja son of Anka, Raja, Harakanahalli Ganga, Basavaraja son of Pillegwoda, Ramakrishna and Balaji and some other persons, who formed an unlawful assembly by holding the deadly weapons in their hands like long, machchu, clubs and the knife, and with an intention to commit his murder, caught hold of him and made him to lie on the ground and assaulted him with the long and machchu on his head and on the right side of his forehead, on the left side shoulder, nearby the left ear, on the left elbow, on the right wrist and the little finger and also on the ring finger. They also assaulted him on the ribs and on the thigh portion with the clubs and caused the injuries. In the meantime, after seeing the police, the assailants ran away from the place. It is further contended by the said Ramesha in his statement that in the mean while, Venkatesh, Basavegowda and Ravi came and lifted him and he was shifted to Kesturu Government hospital. Accordingly, he requested that the legal action may be taken as against the assailants.