VIJAYA KUMAR SHETTY S/O. B. BHOJA SHETTY, PRASHANTH SHETTY S/O. SADASHIVA SHETTY, ASHOK POOJARY S/O. RANGA POOJARY AND SURESH POOJARY S/O. MAHABALA POOJARY Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant Nos. 1 to 4 herein who were respectively accused Nos. 1 to 4 in Special Case No. 21/03 on the tile of the learned Special Judge, Udupi (hereinafter referred to the "Trial Court" for short) have challenged the legality and correctness of the judgment and order of conviction and sentence dated 9.5.2006 passed in the said case convicting all these accused -appellant Nos. 1 to 4 for the offences under Sections 448, 323, 326 and 506(2) r/w Section 34 of IPC.

(2.) STATED in brief the case of the prosecution as alleged in the complaint (Ex.P1) dated 20.10.2003 filed by the complainant Govinda Naika S/o. Annaiava Naika of Kalkunjebailu, Santhekatte, Kalathur Village of Udupi Taluk is as under: a) The complainant has been residing at the said address along with his wife Smt. Suma (PW3) and his son Raghavendra (PW4). His daughter Smt. Baby (PW2) has been residing near the residence of the complainant along with her husband Karunakar and her children. The said Karunakar who was earlier working in a Bar at Brahmavar left his said job and went to Bangalore in connection with his another job. b) On one day about 15 days earlier to filing, of the said complaint accused No. 1 Vijaya Kumar Shetty met the complainant's said daughter Suit. Baby and demanded from her money, saying that, her husband Karunakar was due to him. When he demanded so she told him that she did not know about, her husband owing any money to him. c) On 19.10.2003 at about 11 p.m. the said Vijaya Kumar Shetty (A1) came near the house of the complainant's daughter, on two motor cycles along with his men (employees) viz., Prashanth Shetty (A2) Ashok Poojary (A3) and Suresh Poojary (A4) and forcibly entered into her house. When the complainant and his son Raghavendra both went into the house of PW2 Smt. Baby on hearing the galata, they saw accused No. 1 Vijaya Kumar Shetty asking her the whereabouts of her husband while abusing her in filthy language and saying that if the amount due by her husband to him is not paid, he would snatch their residence. On seeing it, the complainant and his son Raghavendra both intervened and tried to pacify him (A1). Then the accused No. 1 Vijaya Kumar Shetty went to assault the complainant with a sharp edged weapon like knife and, during the incident, the knife held by the said accused came into contact with the complainant's leg and consequently he sustained bleeding injury. d) When the complainant's wile Smt. Suma (PW3) went to rescue the complainant, accused No. 2 Prashanth Shetty put his hand on her neck and pushed her, consequently she dashed against the wall and fell down and sustained injury to her hand. At that time, Vijaya Kumar Shetty (A1) threatened the complainant's said daughter Suit. Baby end told her that if her husband were not to pay the amount, he would not allow them to stay in the said house. Thereafter, all the said lour accused persons went away from the said place on their motor cycles. The complainant lodged the said complaint on the next day i.e., on 20.10.2003 at about 12.15 P.M.

(3.) THE appellants herein have challenged the impugned judgment and order of conviction and sentence passed against them for the said offences. But the complainant -State has not chosen to prefer appeal against the impugned judgment and order insofar as it relates to the acquittal of these appellant -accused Nos. 1 to 4 of the offence under Section 3(1)(xi) of SC and ST Act r/w Section 34 IPC.