BASAVEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by accused Nos.1 and 4, against the Judgment and Order dated 03.07.2010 passed in Sessions Case No.261/2006 on the file of the Presiding Officer, Fast Track Court at Ramanagara, wherein they were convicted for the offence punishable under Section 326 of IPC. Accused Nos.1 and 4 were sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs.10,000-00 each, in default to pay the fine, to undergo simple imprisonment for a period of 8 months. Accused No.3 was released under Section 3 of the Probation of Offenders Act ['P.O. Act' for short], directing him to execute a bond for a sum of Rs.10,000-00 with one surety for the likesum and to observe the conditions with a direction to the Probation Officer to have over all supervision for a period of 2 years, etc.

(2.) The case of the prosecution is that; on 22.04.2001 at about 3.00 p.m., within the limits of Chikkakalbalu village in Kanakapura taluk, when P.Ws.1 to 3 were sitting underneath the "Honge" tree in their land, all the accused persons due to the land dispute between the parties, having formed an unlawful assembly in furtherance of the common object of murdering the said P.Ws.1 to 3, came to the spot armed with deadly weapons like clubs and sickle and committed rioting and assaulted P.Ws.1 to 3 with the said weapons and voluntarily caused hurt to P.Ws.2 and 3. Further, they caused grievous injuries to P.W.1 and further threatened them with dire consequences, and thereby committed the offences charged against them.

(3.) I have heard the learned counsel for the appellants and also the learned High Court Government Pleader.