LAWS(KAR)-2019-8-197

AMALLAPPA Vs. STATE OF KARNATAKA

Decided On August 19, 2019
Amallappa Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) "Whether impugned order of conviction and sentence dated 02.01.2015 passed by the Prl. District and Sessions Judge, at Bidar in Crl.A.No.20/2014 against the petitioners suffers illegality" is the question involved in this case.

(2.) Petitioners were tried in C.C. No.422/2009 on the file of Prl. J.M.F.C., II Bidar on the basis of complaint of second respondent in Crime No.162/2007 of Gandhi Gunj Police Station Bidar, for the offences punishable under Sections 323, 448, 504, 506 read with Section 34 IPC.

(3.) Case of the prosecution in brief is as follows: PWs.1 and 8 are the wife and husband. PW.4 is the brother and PW.5 is the mother of PW.1. One Chandrashekhar Jangle Editor of Versa Kannada Weekly Magazine had published defamatory article against PW.8. Therefore, he had filed complaint against the said Chandrashekhar Jangle in Gulabarga Court. The accused were associates of Chandrashekhar Jangle. Being enraged for filing the said complaint, they trespassed into house of PW.5 on 08.08.2007 at 10.00 p.m. abused PW.1 in foul language and assaulted her. When PWs.4 and 5 came to her rescue, they abused them and assaulted them also. At that time neighbors CWs.6 and 8 rushed to the spot and accused left the spot threatening the victims.