ABDUL MAJID SAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The facts of the prosecution case discloses that 15 days prior to the incident accused No. 6(A6)- Fajarulla @ Munna, trespassed into the house of PW5-Chaman Sab when he was absent at the house. A6 attempted to rape PW12-Mamtaz, W/o Chaman Sab (PW5). In that connection PW12 and PW5 have not made any complaint but there is a quarrel between them. A.6 was claiming that he has illicit affair with PW12. There was bitter enmity between A6 and P.W. 5.

(2.) On 22-08-2001 at 2-30 PM, A1 to A24 formed themselves into members of unlawful assembly wielding deadly weapons trespassed into the house of PW5. A1, A2 and A6 assaulted PW5, A 17 to A20 (women accused) and A24 had assaulted PW12 and also they were giving moral support to PW1 and the deceased. PW8, PW9, PW16 and CW13 had intervened and pacified the accused.

(3.) The PW1 and deceased returned by jeep to the village from Shimoga. The accused persons came near the jeep, A1 dragged the deceased and assaulted him with club on his head. A6 assaulted the deceased with club on his hands. PW1 was getting down from the jeep and he was assaulted by A6 with chopper on his head and A1 with club on the head. The deceased sustained fatal injuries. The jeep was also damaged. PW1 and deceased were admitted to Mc. Gann Hospital, Shimoga. The deceased succumbed to the injuries after two days while under treatment in Bangalore.