MOHAMMADYUNISJUBED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant Nos.1 to 7 were the accused before the trial Court. They were convicted for the offences punishable under Sections 143, 147, 148, 324, 326, 504 R/w Section 149 of IPC.

(2.) The case of the prosecution is that on 18.03.2005, at about 8-15 p.m., on account of the previous dispute regarding right of way to go to Tazam Tariq Masjid, all the accused persons formed into an unlawful assembly armed with deadly weapons like, iron rods and cycle chain covers and by using criminal force, assaulted the complainant (PW.1), PWs.3 to 6 and caused simple and grievous injuries.

(3.) In support of the accusations, the prosecution examined the complainant (PW.1) as well as injured witnesses namely, PWs.3, 4, 5 and 6. All these witnesses consistently deposed about the overt acts committed by the accused persons and stated that all the accused persons assaulted them with two cycle chain covers and iron rods. Two cycle chain covers and iron rods were marked as MOs.1 to 4 indicating that only four of the accused were armed with the said weapons. From the evidence of the medical officer it was proved that PW.6 had sustained the following injuries: -