BORAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants were arraigned as accused Nos. 1 to 4 along with other accused Nos. 5 to 8 in S.C. No. 238/2007 on the file of the Presiding Officer, Fast Track Court-IV, Mysuru, for the alleged offences under Sections 143, 144, 146, 147, 148, 341, 201, 427 and 302 r/w Section 149 of IPC. The trial court has acquitted accused Nos. 5 to 8 holding that the prosecution has not proved the case beyond reasonable doubt against them. However, the trial court found sufficient materials against accused Nos. 1 to 4 and hence convicted them for the offences under Sections 143, 148, 341, 302 and 201 r/w Section 149 of IPC. They have been sentenced to undergo S.I. for one year for the offence under Sections 148 of IPC, one month for the offence under Section 341 of IPC and undergo R.I. for life for the offence under Section 302 of IPC and also undergo R.I. for three years for the offence under Section 201 of IPC. They have also been sentenced to pay fine with default sentence. Being aggrieved by the said judgment of conviction and sentence, the appellants have challenged the said judgment and sentence on various grounds.

(2.) We have heard the arguments of the learned counsel for appellants as well as learned Addl. S.P.P. for the respondent-State. We have carefully re-evaluated the oral and documentary evidence on record and also examined the correctness of the judgment of conviction and sentence passed by the trial court.

(3.) Before adverting to the grounds urged and elaborated before this Court by learned counsels and accompanied by learned Addl. S.P.P., we feel it, just and necessary to put forth in brief the factual matrix of the prosecution case.