SHANTAWWA Vs. STATE OF KARNATAKA THROUGH PSI

JUDGEMENT

(1.) This appeal is filed by the accused challenging the judgment of conviction and order sentence dated 27.11.2009 and 30.11.2009 passed by the II Additional Sessions Judge, Belgaum, in S.C. No.225 of 2007 wherein the appellant/accused was convicted for the offences punishable under Sections 143, 147, 148, 307 and 504 read with Section 149 of the Indian Penal Code.

(2.) It is the case of the prosecution that on 04.11.2005, at about 9.00 p.m., the complainant/PW-1 Nagappa Yallappa Halemani was going to the house of his friend by name Basavaraj Lingappa Karabannavar who had invited him to attend the pooja in his house. When he was so proceeding, accused No.4-Basappa Kallappa Halemani came there by holding a club and abused him in filthy language as to why he used the pathway and passing through his land and assaulted him twice with the said club on the backside of his head. As a result of the same, the complainant sustained injuries and fell down. At that time, accused No.3-Irappa Kallappa Halemani, also came there by holding jambe and tried to assault but the complainant managed to escape and the blow fell on the forehead of the complainant which caused bleeding injury. In the meanwhile, accused No.1-Kallappa Basappa Halemani came there and assaulted the complainant forcibly with a stone on his left cheek. Accused No.6- Gangawwa, wife of Kalappa Halemani came there with a sickle in her hand and when she tried to assault the complainant, the complainant in order to escape from the blow, he raised his right hand and as a result, the blow fell on the fingers of the complainant. Accused No.2-Smt.Kallavva, wife of Kallappa Halemani took a stone and assaulted the complainant on his left palm. Accused No.5-Fakirawwa Basappa Halemani gave fist blows on the abdomen of the complainant. The complainant started screaming. At that time, PW-5-Raju Karabannavar, PW-3-Peeraji Nagappa Kambar, PW-4 Basalingappa, Parwati came there and rescued the complainant. Thereafter, the injured was shifted by the inmates of his house. It is the further case of the prosecution that the statement of the complainant was recorded in the hospital. After investigation, charge sheet came to be filed against the accused. After filing of the charge sheet, the remaining accused were tried by splitting the case as against the present accused. Thereafter, the Judicial Magistrate registered a case and committed the case to the Sessions Court. The Sessions Court after securing accused No.7 and after hearing, framed charges. Accused pleaded not guilty he claimed to be tried as such trial was fixed.

(3.) The prosecution in order to prove its case, got examined PWs.1 to 17 and got marked Exs.P-1 to P-17 and got marked M.Os.1 to 8. The statement of the accused was recorded under Section 313 of the Code of Criminal Procedure. The accused denied all the incriminating material and did not lead any evidence.