SOMAPPA Vs. STATE

JUDGEMENT

(1.) This appeal arises out of judgment and order of conviction and sentence dated 13.09.2011 / 19.09.2011 passed by Fast Track Court-I/II Bijapur in S.C. No.175/2009. By the impugned judgment and order, the trial Court has convicted the appellants for the offences punishable under Sections 143, 147, 148, 448, 324, 326, 307, 435, 427, 336, 504 and 506 read with Section 149 IPC. The trial Court sentenced them to rigorous imprisonment of three years and fine of Rs.500/- for the offence punishable under Section 307 IPC.

(2.) The appellants were tried in the said case on the basis of charge-sheet filed by Muddebihal Police in Crime No.149/2018 of their police station on the basis of Ex.P-1, the complaint of PW.1. Initially, complaint was filed against 24 persons. In the complaint, it was alleged that during intervening night of 06/07.07.2008 at 05.00 a.m., the accused due to previous ill-will, formed unlawful assembly armed with deadly weapons like axes, clubs and stones, trespassed into the house of complainant and assaulted PWs-3 & 4 i.e., his daughter and son. In the adjacent house, PWs.5 and 6 were residing. Accused assaulted PWs.5 to 7 and caused grievous injuries and criminally intimidated them and committed fire mischief in the complainant's house. Thus, accused attempted to commit the murder of complainant party.

(3.) The Investigating Officer after conducting investigation dropped accused Nos.7, 11, 12 and 13 named in the FIR and charge-sheeted only present appellants for the offences punishable under Sections 143, 147, 148, 448, 324, 326, 307, 435, 427, 336, 504 and 506(2) read with Section 149 IPC.