The court considered the intention and knowledge of the accused in causing bodily harm, as well as the surrounding circumstances, to determine the appropriate section of the IPC under which to convict the accused.

JUDGMENT :

The appellants are arraigned as Accused Nos.3 and 4 in S.C.No.52/2013. The Presiding Officer, Fast Track Court at KGF vide judgment dated 28th November 2014, convicting the accused Nos.3 and 4 for the offences under Sections 143, 144, 147, 148, 447, 341, 114, 324, 307, 302 and 201 read with Section 149 of IPC to undergo life imprisonment and to pay a fine of Rs.25,000/each with default sentence of imprisonment for six months. The Fast Track Judge has acquitted the accused Nos.1, 2, 5 and 6 for the said offences. Before adverting to the material evidence on record with reference to the arguments submitted by the learned counsel for the appellants and the learned SPP for state, we would like to have a brief factual matrix of this case.

2. P.W.9, one Mr.Ramachandra has given a statement in R.L.Jalappa Hospital in Kolar stating that they are residents of Malabagilu in Vijayanagara in Bangarapet along with his family members. He has got some dispute with his sister by name Jayalakshmamma (Accused No.2) with respect to Survey No.94/4, 94/5 of Kirumande village. It is stated that a civil case was pending in a Civil Court. It is stated that the complainant and his family members have been cultivating the said land and in this context, it is said that on 11.05.2012, they came to know that the accused persons were illegally ploughing the said land. Immediately, P.W.9 and his wife (deceased Lalithamma) went to the said land and saw the accused No.6 ploughing the land with the help of a tractor. At that time, the other accused persons were also present. When P.W.9 and his wife deceased Lalithamma questioned the said Srinivas not to plough the said land as they have succeeded in the civil case, in that context, it is stated that all the accused persons suddenly formed into an unlawful assembly and splashed the chilly powder on P.W.9 and his wife. At that time, the Accused No.6 provoked Accused No.1 and others to do away with the life of P.W.9 and his wife. Accordingly, the accused persons by name Nandeeshappa and Munivenkatappa caught hold P.W.9. At that time, the deceased Lalithamma came across with an intention to rescue P.W.9. In that context, it is alleged that Accused No.3Manjunath has assaulted the deceased on the head with an iron rod which was in the tractor and Accused No.4Prabhakar assaulted with the hold of a chopper on the head of the deceased. They also assaulted P.W.9 on his right cheek and he sustained some bleeding injury. Accused No.1Nandeeshappa also assaulted with a club on the head of P.W.9. Manjunath also assaulted with an iron rod on the waist of P.W.9. Due to the impact of this assault, P.W.9 and his wife fell down. At that time, other eyewitnesses Thammappa and others came and resolved the dispute. This was also informed by somebody to P.W.11 who is none other than the son of P.W.9 and in fact he came to the spot along with other relatives. At that time, it is alleged that the accused persons have assaulted the said Shivashankar with the help of a club. Thereafter, the villagers have shifted the injured persons to the hospital and in the hospital, he gave the statement as noted above and requested the Police to take appropriate action. On the basis of said complaint, the Police have registered a crime in Crime No.46/2012 for the above said offences and investigated the matter, submitted the charge-sheet against the accused persons.

3. After committal proceedings, the Court also secured the presence of the accused persons. The accused persons were actually in jail from the date of their arrest, i.e., from 18.02.2013. Other accused person were on bail and particularly all other accused persons were acquitted by the trial Court.

4. After securing the presence of the accused persons, the Court also framed charges against them for the above said offences and put the accused persons on trial. The prosecution in order to bring home the guilt of the accused, examined as many as 21 witnesses, P.Ws.1 to 21 and got mark