CRL.A.156/2011

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JULY, 2021

BEFORE

THE HON9BLE MR. JUSTICE S.VISHWAJITH SHETTY

CRL.A.No.156/2011

BETWEEN:

1.

B. Kenchegowda,

S/o Maji Chairman Basavegowda,

Age: 46 years.

2.

Kenchegowda,

S/o late Sidde Gowda,

Age: 46 years.

3.

Y.C.Ravi Kumar,

S/o Chikkabasavegowda,

Age: 25 years.

4.

Y.C.Basavaraju

S/o Chikkabasavegowda,

Age: 34 years.

5.

Y.C.Doreswamy,

S/o Chikkabasavegowda,

Age: 31 years.

6.

Y.C.Ramesha,

S/o Chikkabasavegowda,

Age: 21 years.

7.

Y.C.Basavaraju,

S/o B.Chikkabasavegowda,

Age: 25 years.

8.

Y.B.Pradeep,

S/o B.Basavaraju @ Raju,

Age: 24 years.

CRL.A.156/2011

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9.

Y.B.Chandrashekara,

S/o B.Basavegowda,

Age: 24 years.

10.

Y.K.Channegowda,

S/o Late Siddegowda,

Age: 46 years.

All are residents of

Yadaganahalli Village,

C.A.Kere Hobli,

Maddur Taluk, Mandya Dist.

...APPELLANTS

(By Sri H.B.Chandrashekhar, Adv.)

AND:

State of Karnataka by

K.M.Doddi Police,

Mandya Dist.

..RESPONDENT

(BY Sri R.D.Renukaradhya, HCGP)

This Criminal Appeal is filed under Section 374(2) of

Cr.PC, praying to set aside the judgment dt:21.01.11 passed by

the Addl. S.J., Mandya,in S.C.No.148/08 - Convicting the

Appellants Nos. 1 to 10/Accused 3 to 11 and 13 for the offence

P/U/S 143, 147, 148, 323 and 324 r/w Sec.149 of IPC and Etc.

This Appeal having been heard and reserved for judgment

on 29.06.2021, coming on for 'Pronouncement of Judgment',

this day, the Court delivered the following:

JUDGMENT

1.

This appeal is filed by accused nos.3 to 11 & 13

against the judgment of conviction and order of sentence

dated 21.01.2011 passed by the Addl. Sessions Judge,

Mandya, in S.C.No.148/2008.

CRL.A.156/2011

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2.

Brief facts of the case that would be relevant for the

purpose of disposal of this appeal are, on 13.08.2007 at

about 7.00 a.m., when the complainant, his father, brother

and uncle's son i.e., PWs-1 to 6 were all working in their

field, the accused persons came in a group armed with

deadly weapons and committed trespass into the land of

the complainant and threw chilly powder on the faces of

these witnesses and assaulted them with an intention to

commit murder. At that time, one Hombaiah and Siddaiah

interfered and rescued PWs-1 to 6. Based on the

complaint, FIR in Crime No.129/2007 was registered for

the offences under Sections 143, 147, 148, 323, 324, 307,

447 & 348 read with Section 149 IPC. Subsequently, the

police completed the investigation and have filed charge

sheet totally against 14 persons for the offences under

Sections 143, 147, 148, 447, 307, 323, 324, 326 read with

149 IPC.

3.

The

Trial

Court

after

complying

with

the

requirements of Section 207 Cr.PC had framed charges

CRL.A.156/2011

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against the accused persons for the aforesaid offences.

Since the accused claimed to be tried, the case was posted

for evidence. On the side of prosecution, 13 witnesses were

examined as PWs-1 to 13 and 20 documents were marked

as Exs.P-1 to P-20 and 20 material objects were also

marked as MOs-1 to 20. After completion of recording the

deposition of the prosecution witnesses, the statement of

the accused under Section 313 Cr.PC was recorded.

However, the accused did not lead any evidence nor did

they mark any document in support of their defence. The

Trial Court, thereafter, heard the arguments of both sides

and vide judgment and order impugned has convicted

accused nos.3 to 11 & 13 for the offences under Sections

143, 147, 148 read with 149 IPC and Sections 323 & 324

read with 149 IPC. Accused nos.5 & 7 were also convicted

for the offences under Sections 326 IPC. Being aggrieved

by the said judgment and order of conviction, the present

appeal is filed.

4.

Learned Counsel for the appellants and the learned

Counsel for the de-facto complainant who has filed an

CRL.A.156/2011

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application under Section 302 Cr.PC to assist the

prosecution, submits th