KIRAN ALIAS SUHAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused-appellants in Special Case No.101/2009 on the file of Special Judge, Gulbarga have preferred this appeal challenging the judgment dated 03.12.2011 convicting accused No.1 to 8 for the offences punishable under Sections 143, 147, 323, 504, 506, 307 and 302 R/w Section 149 of IPC and also Section 3(2)(v) of SC / ST (PA) Act, and sentencing accused No.1 to 6 to undergo life imprisonment and to pay fine of Rs.25,000/- each for the offence punishable under Section 302 R/w Sec.149 of IPC. In default of payment of fine, to undergo simple imprisonment for five years. Further sentencing accused No.7 and 8 with life imprisonment and to pay a fine of Rs.1,00,000/- each for the offences punishable under Section 302 R/w Section 149 of IPC. In default of payment of fine, to undergo simple imprisonment for five years. Further it is ordered that out of fine an amount of Rs.2,50,000/- is ordered to be paid to PW18 Digambar, the brother of the deceased Satish.

(2.) The prosecution case in brief is that on 03.02.2009 evening at 7.30 PM, PW8 injured complainant Nityanand and his friend Satish had gone near the flour mill situated in NGO Colony to enquire the boy in the said flour mill about availability of house on rent. Since the boy was not available, the injured complainant and his friend Satish were returning on the motor cycle near the Mother Teresa school. At that time, the accused No.1 over took the motorcycle of the complainant and enquired him about his name and occupation and also abused whether he has got any sisters or not abusing and then took his friend Satish on his motorcycle near the house of Rathod in NGO Colony. Thereafter, the accused No.1 and 7-8 other persons abused the complainant and his friend Satish as to why they are teasing the sister of accused No.1 by name Sheetal. The accused No.1 assaulted the complainant with his hand on his face and slapped on his cheek. Other 7-8 persons who were present at the spot and assaulted him and his friend Satish with belts. On account of the assault done by them, Satish became unconscious. The complainant was shouting because of the pain. The accused left the spot by abusing his friends Ravi and Vinod. Accused have assaulted the complainant and his friend Satish on the reason that the complainant is teasing the sister of the accused No.1. The names of accused are not known to him, but he can identify the persons who have assaulted him.

(3.) On the basis of this complaint, the police have registered the case at Ashok Nagar Police Station Crime No.12/2009 for the offence punishable under Sections 143, 147, 341, 323, 324, 504, 506, 307 R/w 149 IPC. Later Section 302 IPC was inserted as the friend of the complainant who was also injured victim died in the hospital. During the investigation, offence under Section 3(1)(x) and 3(2)(v) of SC/ST (PA) Act were inserted as per the requisition submitted by the I.O. After completion of the investigation, the charge sheet was submitted against accused for the offences punishable under Sections 143, 147, 341, 504, 302, 307 R/w Section 149 of IPC and Section 3(1)(x) and 3(2)(v) of SC/ST (PA) Act.