UMESH PRABHU Vs. STATE

JUDGEMENT

(1.) The present revision petition has been filed by the petitioners/accused Nos.1, 2 and 4 challenging the order passed by the VI Additional District and Sessions Judge, D.K., Mangaluru in Crl. A. No.58/2017, rejecting the application filed under Section 391 read with Section 315 of Cr.P.C.

(2.) I have heard the learned Senior counsel Sri. Ravi B Naik for petitioners and the learned High Court Government Pleader for respondent-State.

(3.) Gist of the case before the Court below is that on 05.04.2009 at about 8.10 p.m., accused Nos.1 to 4 trespassed into the property of the complainant with an intention to commit the crime. At that time, accused No.3. pulled down the compound wall by pickaxe. By noticing the same, the inmates of the house including the complainant came out and made an enquiry with the accused persons. At that time, accused persons scolded with filthy language in order to insult and provoke them and to commit breach of peace. The accused No.2, pulled the hair of the complainant and other accused persons have assaulted with hands and kicked with legs. When CW.7 tried to pacify the incident, accused No.3 again pulled her hair and tried to outrage her modesty and also assaulted CW.9 with pickaxe and caused bleeding injuries. When CWs.7 and 9 tried to pacify the incident, accused persons threatened them with dire consequences and committed criminal intimidation. Accused No.4 thrown chilly powder on the face of CWs.1, 7 and 9 and instigated other accused persons to commit crime. On the basis of the complaint, a case came to be registered. After framing charges and recording the evidence, the trial Court came to the conclusion that the prosecution has proved the guilt of the accused as such, convicted the accused Nos.1 to 4 for the offences leveled against them.