JUDGMENT :

1. The accused have filed the present appeal against the impugned judgment of conviction and sentence dated 07.06.2016 made in S.C.No.39/2015 on the file of the II Additional District and Sessions Judge Chickballapura, (sitting at Chintamani) (for short ‘trial Court’) convicting the accused for the offence punishable under Sections 448 and 307 read with Section 34 of Indian Penal Code (for short ‘IPC’) to undergo imprisonment for one year and life respectively with fine of Rs.500/- and Rs.40,000/- each with default clauses.

2. The case of the prosecution is that on 13.06.2014 at about 3 p.m., complainantRavi Kumar B.P., S/o. Poojappa lodged a written complaint alleging that about eight years back his brother Narasimhappa got married with Pavithra of Kadaripura village, Chintamani Taluk. He and his brother were residing separately. His brother is having two male children. His mother is residing with his brother Narasimhappa. As such, his sisterinlaw had illicit relationship with her neighbour Maheshaccused No.1. One day his mother GangammaPW.3 saw her daughter-in-law with accused No.1 together and advised Pavithra to change her attitude and instructed her not to entertain Mahesh-accused No.1. In spite of repeated instructions, she continued the same. Later Panchayath was convened with the help of elders to settle the issue in the village. Thereafter, his brother and his sisterinlaw went to their parental house at Kadaripura. There also she continued the illicit relationship with accused No.1. In this regard his mother-Gangamma was abusing accused No.1 that he has spoiled her family. It is further case of the prosecution that one week prior to the incident, accused No.1 and accused No.4Lachamma both quarreled with PW.3mother of the complainant and accused No.4 instigated her son-accused No.1 to kill PW.3. On 12.06.2014 in the midnight about 12.45 a.m., when the mother of the complainant was sleeping by opening the door of the house, the accused persons trespassed inside the house with an intention to commit murder of PW.3Gangamma. Accused Nos.3 and 4 caught hold of his mother and accused No.1 assaulted PW.3Gangamma with machu and accused No.2 assaulted with pickaxe on the head, nose, hands and legs of his mother and caused grievous injuries.

3. After hearing the noise of the quarrel, complainant himself and Narasimhamurthy came to the spot. By seeing them, the accused persons ran away from the spot. Thereafter, they took their mother to the Shidlaghatta Government Hospital and from there they took her to Victoria Hospital, Bengaluru. Thereafter, PW.8Ravi Kumar lodged a complaint to take action against the accused persons. On the basis of the said complaint, the Jurisdictional Police registered a case in Crime No.164/2014 for the offence punishable under Sections 448 and 307 read with Section 34 of IPC against the accused persons. The Jurisdictional Magistrate took cognizance for the alleged offences and committed the case to the Principal District and Sessions Judge, Chickballapura for trial. After hearing both the parties, the learned Sessions Judge framed the charges, read over and explained to the accused, they pleaded not guilty and claimed to be tried.

4. In order to prove the case of the prosecution, the prosecution in all examined 12 witnesses as per PW.1 to PW.12, marked 13 documents as per Ex.P.1 to Ex.P.13 and marked 7 Material Objects as per M.O.1 to M.O.7. After completion of the evidence of prosecution witness, the learned Sessions Judge recorded the statement of the accused under Section 313 of Cr.P.C. The accused persons denied all the incriminating evidence against them but, they did not choose to adduce any defence evidence.

5. After hearing the arguments of the parties, the learned Sessions Judge formulated three points for consideration. After considering both oral and documentary evidence on records, the learned Sessions Judge recorded the finding that the prosecution proved beyond reasonable doubt that