The main legal point established in the judgment is the distinction between forming an unlawful assembly with the intention to cause death and committing assault without the intention to cause death. The court's decision to modify the conviction of accused No.4 from Section 302 to Section 304-II of IPC demonstrates the application of this legal principle.

JUDGMENT

B.A.Patil, J. - Appellants 1 to 10 were tried by the learned III Addl. District & Sessions Judge, Ballari (sitting at Hosapete) for the offences punishable under Sections 143, 147, 148, 341, 504, 114, 506, 323, 324, 307, 302 r/w Sec. 149 of IPC in S.C. No. 5030/2014, S.C. No. 5024/2016 and S.C. No. 5068/2014 dated 12.07.2017.

2. We have heard the learned Senior Counsel Sri Ravi B. Naik by virtual hearing, Sri J.Basavaraj who was physically present before the Court for the appellants-accused and also Sri V.M. Banakar, learned Addl. SPP for the respondent-State.

3. The case of the prosecution in brief is that the deceased was cultivating the land of Veeraswamy and had planted banana crop. The father of accused No.9-Sanna Huchappa had let the cattle in the said land for grazing purpose. At that time, he was advised not to do so. It is further alleged that accused No.9-Santosh had the marriage proposal with the daughter of one Chowdappa, by name Saritha, some days before the alleged incident. Further, when accused No.9 had gone to the house of Chowdappa, for asking to give his daughter in marriage to him, complainant Prakash, Mareppa, father of Saritha Chowdappa and one Siddanna once again scolded accused No.9 and threatened him. In that context some enmity was prevailing between the family of accused No.9 as well as the said Sanna Chowdappa.

4. It is further alleged that, in that light on 25.02.2014 at about 8.45 p.m. when CW10- Mareppa was proceeding on his motorcycle bearing Reg. No. KA-35-U-1279, accused No.1- Yallappa intercepted and abused in indecent words and at that time accused No.9 reminded the earlier insult and kicked the motorcycle of CW10 Mareppa. At that time accused Nos.1 to 8 and 10 with a common object, by holding wooden re-pieces, club and stones, abused the complainant and other persons and threatened with life and assaulted CW10 Mareappa. By seeing the alleged incident, Basappa (deceased) came to the rescue of his son Mareppa-CW10 along with CW11-Chowdappa. In the meantime, accused No.4 assaulted the said Basappa with wooden re-piece on his head and inflicted bleeding injuries, accused Nos.3 and 6 also assaulted the deceased with the stones on the head of the deceased, accused No.7 assaulted CW11 Chowdappa with club on his head, accused No.5 and 8 assaulted Mareppa with stones on his head and on trunk, accused No.1 assaulted with hands, accused Nos.2 and 10 assaulted with stones to the victim and inflicted bleeding injuries. Immediately after the incident, injured Basappa, Mareppa and Chowdappa were taken to Kottur Government Hospital and thereafter to Davanagere in an Ambulance for further treatment but on the way at about 11.30 PM Basappa died. On the basis of the complaint, a case has been registered in Crime No. 24/2014 and Police conducted investigation. Thereafter the Investigating Officer has filed the charge sheet. Earlier the charge sheet was filed showing the accused Nos.1, 2 and 6 as absconding and a split up case was registered as against them. Subsequently, as all the accused persons have been secured, further charge sheet has been fi led, all the cases were clubbed and decided with this common judgment.

5. After filing of the charge sheet, the jurisdictional Magistrate followed the provisions of Sec. 207 of Cr.P.C. and committed the case to the Sessions Court. The Sessions Court took cognizance and secured presence of the accused and after hearing the learned Public Prosecutor and the learned counsel for the accused, charge was prepared, read over and explained to the accused. They pleaded not guilty and claimed to be tried and as such, trial was fixed.

6. In order to prove the case of the prosecution, 25 witnesses were examined, 27 documents and 13 material objects were got marked. Thereafter, statement of the accused u/S 313 of Cr.P.C. was recorded by putting incriminating material as against them. They have denied the same. Accused persons have not led any evidence on their behalf, no