JUDGMENT

Anand Byrareddy, J.—Heard the learned counsel for the appellant and the learned Government Pleader.

2. The appellants were arraigned as accused nos.l,5 and 6 in Crime No.27/2009 and it was later numbered as Special Case NO.86/2009 before the court below.

3. The background was that on 21.2.2009, at about 9 a.m., in Dhuttargoan village, when one Parmeshwar was going along the road after playing volley ball, it transpires that Nagendra, who was present there, saw the accused forming themselves into an unlawful assembly attacked PW.3 and when the complainant intervened, they continued to attack the complainant and when again, the complainant tried to intervene, he was in turn assaulted by accused no.3. There were six accused in all. On the basis of the complaint, they were arrested and enlarged on bail. Thereafter, they were charge-sheeted for offences punishable under Sections 143, 147, 148, 323, 324, 326, 504 and 506 read with Section 149 of the Indian Penal Code, 1860 (Hereinafter referred to as the ‘Indian Penal Code, 1860’, for brevity) and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Hereinafter referred to as the ‘SC & ST Act’, for brevity)

The accused having pleaded not guilty of the charges that were framed and having claimed to be tried, the prosecution had examined J4 witnesses and got marked several exhibits. On the basis of the evidence, the court below has framed the following points for consideration:

(1) Whether the prosecution proves beyond all reasonable doubt that on 21.02.2009 at 9.00 A.M. on the road near Gram Panchayat office all the accused persons have formed themselves into an unlawful assembly with the common object of commit an offences and each accused was the member of such unlawful assembly and thereby committed an offence punishable under section 143 read with Section 149 of Indian Penal Code?

(2) Whether the prosecution further proves beyond all reasonable doubt that on the above said date, time and place, all the accused, persons being the members of unlawful assembly and, in prosecution of the common object of committing offence rioting armed with deadly weapons like stone and thereby committed an offence punishable under section 148 read with Section 749 of Indian Penal code?

(3) Whether the prosecution further proves beyond all reasonable doubt, that en the above said date, time and place, all the accused persons being the members of unlawful assembly and in prosecution of the common object the accuse No.4 and 5 caught hold of the complainant tight and caused him bodily pain and accused No.3 and 4 assaulted C. W. 8 with hands and caused him bodily pain and thereby committed an offence punishable under Section 323 read with section 149 of Indian Penal Code?

(4) Whether the prosecution further proves beyond all reasonable doubt, that on the above said date, time and place, all the accused persons being the members of unlawful assembly and in prosecution of the common object the accused No.1,2 and 6 assaulted the complainant C. W.1 with stone and caused him injures and thereby committed an offence punishable under section 324 read with section 149 of Indian Penal Code?

(5) Whether the prosecution further proves beyond all reasonable doubt, that on the above said date, time and place, all the accused persons being the members of unlawful assembly end in prosecution of the common object the accused persons being the members of unlawful assembly and in prosecution of the common object the accused No.1, 2 and 6 assaulted the with stone on his mouth and head and caused him grievous injuries and thereby committed an offence punishable under section 325 read with section 149 of Indian Penal Code?

(6) Whether the prosecution further proves beyond all reasonable doubt, that on the above said date, time and place, all the accused persons being the members of unlawful assembly and in prosecution of the common object of committing offence intention