STATE OF KARNATAKA Vs. R/AT KURKUNDA

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the learned District and Sessions Judge at Yadgiri in S.C.No.58/2010 dated 29.09.2010 wherein the learned District Judge has acquitted all the accused persons of the offences punishable under sections 143, 147, 148, 341, 324, 326, 307, 504, 506 read with section 149 of IPC. The appeal is preferred by the complainant i.e., State of Karnataka through Wadgera Police Station. The proceedings came to be started because of the complaint lodged by one injured Narsappa on 15.02.2019 at about 9.40 a.m.

(2.) The Police Sub-Inspector, Wadagera Police Station received information regarding admission of injured persons to Yadgiri Government Hospital and he went to the hospital and recorded the statement of Narasappa S/o Yellappa, one of the injured. He is said to have been stated that on 15.02.2009 at 8.00 a.m., the complainant along with one Mallikarjun were passing on the road near Panchayat Office of village Kurkunda. By that time, the accused persons namely, Doddamalappa S/o Ayyappa Joladadagi, Sannamalappa S/o Ayyappa Joladadagi, Ayyappa S/o Doddamalappa Joladadagi, Sayabanna S/o Basappa Chatnahalli, Sharanagouda S/o Muyappagouda, Gurappagouda S/o Doddappagouda, Basareddy S/o Gurappagouda and Ningareddy S/o Siddalingappa formed an unlawful assembly in front of Panchayath Office and attacked the complainant and the said Mallikarjun in prosecution of their common object and addressed them in filthy language stating that "Yenale Sooli Makkalige Sokku Bahalavagide" and proclaimed that they had already won the dispute in respect of Mosque and Basavana Katta. In furtherance of their act, Doddamalappa with an intention to commit the murder of the complainant, hit him with Jambia on his hands, left ribs and inflicted injury; Sannamalappa assaulted him with a knife on the left hand elbow and on his back causing bleeding injuries. When Mallikarjun tried to intervene, Ayyappa assaulted him with a knife on his left ribs causing grievous bleeding injury; Doddamalappa assaulted him with a Jambia on his left thigh causing bleeding injury and threatened that he would take away his life; Sayabanna assaulted him with a knife on his back causing bleeding injury. At that time, Sharanappagouda, Gurappagouda, Basareddy, Ningareddy have abetted Doddamalappa, Sannamalappa, Ayyappa and Sayabanna to kill the complainant and Mallikarjun by proclaiming them that "Ee Suli Makkaladu Ooralli Sokku Bahalavagide Khalas Maadiri Munde Bandadu Naavu Nodikollutheve". Thereby meaning that these egoist bastards have increased and to finish them and the matter be looked after by them. At the same time, Chandpasha, Yankoba, Ningappa S/o Bhimappa and Parashuram rescued them and immediately thereafter they were shifted to Yadgir Government Hospital in a private vehicle.

(3.) In this connection, a case came to be registered as stated above in Crime No.19/2009 for the offences punishable under Sections 143, 147, 148, 341, 324, 326, 307, 504, 506 R/w Section 149 of IPC. By virtue of the offence punishable under Section 307 of IPC being triable by the Court of Sessions, the matter was committed to the Principal District and Sessions Court, Gulbarga.