MALKU Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned High Court Government Pleader for the respondent-State and perused the records.

(2.) The appellant-Malku alias Malkappa was tried by the learned Sessions Judge in S.C.No.218/2010 for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 506 and 307 r/w Section 149 of IPC and after the trial, found him guilty only for the offences punishable under Sections 148 and 324 r/w Section 149 of IPC and sentenced him to undergo simple imprisonment for one year for the offence punishable under Section 148 of IPC and sentenced him to undergo simple imprisonment for two years for the offence punishable under Section 324 r/w Section 149 of IPC.

(3.) Brief factual matrix of the case are that, PW.1-Complainant by name Gourabai was a resident of Siddanoor village. It is stated that she has got sanctioned a vacant site by the Gram Panchayat. Another lady by name Shanthabai stored some stones in the vacant site of Gourabai. In this regard, there were quarrels between Gourabai and Shanthabai often. In this backdrop, it is alleged that on 04.10.2008 at about 7.30 p.m., when PW.1 was in her site, Shanthabai and others came to that particular vacant site and started abusing the complainant and others in vulgar language and both of them picked up quarrel and there was exchange of blows. In fact, the said Shanthabai assaulted Gourabai with hands on stomach and caused pain. Totally 22 accused persons quarreled with each other and it appears, it was a group clash and quarrel between two groups one belonging to Shanthabai and another belonging to Gourabai. They quarreled with each other and on both sides some persons have sustained injuries. In fact, the said Gourabai lodged complaint and the same was registered in Crime No.102/2008 and in fact, the said Shanthabai also filed a counter complaint. As offence under Section 307 of IPC was invoked by the police against as many as 22 persons in which this appellant was arrayed as accused No.10, the case was committed to the Court of Sessions and originally a case was registered in Sessions Case No.345/2009. Due to the non- availability of this accused and some other accused persons, the charge sheet filed against the accused was split up and the sessions case was proceeded against the other accused in S.C.No.345/2009. It is seen from the judgment passed by the sessions Court in S.C.No.345/2009 which is furnished by the learned counsel for the appellant before this Court along with a memo that all the other accused persons were acquitted of the above said offences including Section 324 of IPC. However, as this appellant was absconding, subsequently, he was secured and case was committed to the Court of Sessions and a case was registered in S.C.No.218/2010 and this accused was separately tried. The learned Sessions Judge found him guilty for the offences for which he was convicted and sentenced as noted supra.