MUSTAQ AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellants-accused Nos.1 to 3 being aggrieved by the judgment and order of conviction dated 17.3.2011 passed by the Principal Sessions Judge, Kolar in S.C.No.116/2009 where under the appellants-accused were convicted for the offences punishable under Sections 307, 504 r/w Section 34 of IPC and accused Nos.4 and 5 were acquitted for the offences punishable under Sections 144, 148, 307, 323, 324, 504, 506 r/w Section 149 of IPC. The appellants- accused Nos.1 to 3 have challenged the legality and correctness of the said judgment on the grounds as mentioned in the grounds of memorandum of appeal.

(2.) Heard the arguments of the learned counsel appearing for the appellants-accused Nos.1 to 3, so also, the arguments of learned Additional State Public Prosecutor appearing for the respondent-State.

(3.) Learned counsel appearing for the appellants- accused Nos.1 to 3 submits that there is case and counter case. On the same incident dated 25.2.2009 two crimes were registered one in Crime No.61/2009 wherein the present appellants along with accused Nos.4 and 5 were shown as accused persons and another in Crime No.62/2009 wherein the complainant of this case and other persons were arrayed as accused persons on the complaint filed by accused No.2 in this appeal. After investigation of the matter in Crime No.62/2009 charge sheet came to be filed. Accordingly, case was registered in C.C.No.307/2009 for the offences punishable under Sections 323 and 324 r/w Section 34 of IPC. But so far as Crime No.61/2009 is concerned as one of the offences alleged under Section 307 of IPC was triable by the Sessions Court, the matter was committed to the Sessions Court and the Sessions Court took cognizance of the offences as against appellants herein along with accused Nos.4 and 5. Learned counsel further submits that looking to the date, time and place of the incident, the cases registered under Crime Nos.61/2009 and 62/2009 are case and counter cases.