The prosecution failed to prove grievous injuries beyond reasonable doubt, leading to a modified conviction under Section 324 IPC with increased fines.

ORAL JUDGMENT

The appellants/accused Nos.1, 2, 3, 4 and 6 are before this Court being aggrieved by the judgment of conviction dated 21.11.2014 and order on sentence dated 29.11.2014, passed by the learned II Addl.Sessions Judge, Kolar, (hereinafter referred to as `trial Court’), in Sessions Case No.195/2011, by which the trial Court has convicted them for the offences punishable under Sections 144 , 148, 307 r/w. Section 149 of the Indian Penal Code, 1860 and sentenced them accordingly.

2. The summary of the case of the prosecution is that, complainant - Mohammed Khuddus filed a complaint as per Ex.P-1 stating that, there was a vacant space measuring 40' x 50' on the rear side of his residential house, which was being claimed by one Chand Pasha @ Mohammad Yakub, which was the reason for frequent quarrels.

3. That on 08.05.2010, at about 6.30 p.m., when the complainant was at his home, the children of said Chand Pasha viz., Shabbir Pasha, Sikandhar Pasha, Javid Pasha, Jamsheed Pasha and his wife Sayeeda Bhanu, forming an unlawful assembly, trespassed into the house along with weapons and assaulted the complainant and his younger brother Mohammad Basheer and with an intention of eliminating him, accused No.1 Chand Pasha assaulted on his head with the machhet; accused No.6 Jamsheed assaulted on his left hand; accused No.3 Sikandhar Pasha, accused No.2 Shabbir Pasha and accused No.4 Javid Paasha assaulted him with long chopper. When the complainant and others tried to intervene and to separate them, Mohammad Gafoor and his wife Zeenath Unnisa assaulted the complainant and his wife. That the said persons had come to the spot in a TATA Sumo vehicle bearing registration No.KA-05-MD-492. The injured were taken to SNR Hospital at Kolar and at the advice of the Medical Officer, they were further taken to R.L.Jalappa Hospital, where they underwent the treatment.

4. Pursuant to the said complaint, a crime was registered by the jurisdictional police for the offences punishable under Sections 143, 147, 148, 324, 307 read with Section 149 of IPC . After investigation, charge sheet was filed, charges were framed and matter was taken up for trial.

5. To prove the guilt of the accused persons, the prosecution examined 12 witnesses as PW-1 to PW-12, marked 8 documents as Exs.P-1 to P-8 and produced 5 materials objects as MO-1 to MO-5. No evidence was led on behalf of the accused.

6. The trial Court framed the following points for its consideration :

1. Whether the prosecution proves beyond all reasonable doubt that on or about 8.5.2010 at 6.30 p.m., near the house of CW.1 Mohammed Khuddus at Seethahalli village, accused No.1 to 6 armed with deadly weapons like chopper and long choppers were members of an unlawful assembly, the common object of which was to commit murder of CW.1 Md. Khuddus, CW.2 Md Gafoor and CW.4 Jeeyath Unnisa and thereby committed an offence punishable U/S 144 of IPC ?

2. Whether the prosecution proves that accused No.1 to 6 being members of unlawful assembly, the common object of which was to commit murder of CW. 1, 2 and 4, committed the offence of rioting and at that time were armed with deadly weapons like choppers and long choppers which are if used as weapon were likely to cause death and thereby committed an offence punishable u/s 148 of IPC ?

3. Whether the prosecution proves that accused No.1 to 6 being members of unlawful assembly, the common object of which was to commit murder of CW.1, 2 and 4 and in prosecution of common object of such unlawful assembly, did an act, accused No.1 assaulted CW.1 Md.Khuddus with chopper on hi