IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 577 OF 2014 (C)

BETWEEN:

1. VASU @ VASANTHA KUMARA S/O J.D.SOMAPPA, AGED 49 YEARS, R/AT B.J.MANI COMPOUND, LAKSHMIPURA EXTENSION, SAKELESHAPURA TOWN, HASSAN DISTRICT-573132.

APPEAL AGAINST A1 STAND ABATED VIDE ORDER DATED 10.12.2025.

2. HEMANTHA @ HEMANTHAKUMAR S/O J.D.SOMAPPA AGED 48 YEARS, R/AT B.J.MAIN COMPOUND, LAKSHMIPURA EXENSION, SAKELESHAPURA TOWN, Digitally signed by HASSAN DISTRICT-573132.

VIJAYALAKSHMI B N Location: HIGH 3. RAGHU COURT OF KARNATAKA S/O KUPPE GOWDA, AGED 42 YEARS, R/AT HARIE KUDIGE SAKALESHAPURA TALUK, HASSAN DISTRICT-573132.

4. RAMACHANDRA S/O ERAPPA GOWDA AGED 51 YEARS, R/AT HEGGADDE VILLAGE, HANUBALU HOBLI, SAKALESHAPURA TALUK, HASSAN DISTRICT-573132.

APPEAL AGAINST A1 STAND ABATED VIDE ORDER DATED 10.12.2025.

5. RAJAMANIKYA S/O GOPALA GOWDA, AGED 59 YEARS, R/AT HEBBASALA VILLAGE, HALLYMANE, KASABA HOBLI, SAKALAESHPURA TALUK, HASSAN DISTRICT-573132.

…APPELLANTS (BY SMT. PRAMILA NESARGI, SENIOR ADVOCATE FOR SRI.

HEMANTH KUMAR D., ADVOCATE FOR A2, A3 AND A5;

V/O DATED 10.12.2025, APPEAL AGAINST A1 AND A4 STANDS ABATED)

AND:

STATE OF KARNATAKA BY TOWN POLICE SAKALESHPURA HASSAN DISTRICT-573132.

…RESPONDENT (SMT. N. ANITHA GIRISH, HCGP)

THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 7.7.2014 PASSED BY THE PRL. S.J., HASSAN IN S.C.NO.144/2011 - CONVICTING THE APPELLANTS/ACCUSED FOR THE OFFENCE P/U/S 307 R/W 149 OF IPC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

The appellants have preferred this appeal against the judgment of conviction and order on sentence passed by the Principal Sessions Judge, Hassan in S.C.No.144/2011 dated 07.07.2014.

2. The parties herein are referred to their rank before the Trial Court.

3. The brief facts leading to this appeal are that the Sub-Inspector of Police, Sakaleshpura Town Police has laid a charge sheet against the accused for the commission of offence under Sections 143, 147, 148, 341, 323, 324, 326 and 307 r/w Section 149 of IPC.

4. It is alleged by the prosecution that the complainant is the resident of Hebbasale village and carrying on agricultural activities in his coffee estate in Sy.No.329/2010 measuring 10 acres. There is a dispute between himself and the accused and he has succeeded in one round of litigation. On the date of incident, at about 09.00 a.m., he found four accused and his friends were engaged in plucking coffee seeds. When he questioned as to why they are plucking coffee seeds, the accused persons with common object, picked up quarrel with him and assaulted him. Accused No.1 - Vasu has assaulted him with sickle on his head, neck and caused bleeding injuries. Accused No.2 - Hemanth assaulted him with knife on his left forearm. As a result, he sustained fracture of left forearm. The servant of accused Nos.1 and 2 namely Raja Manikya had caught hold of the complainant so as to restrain him from moving about. Raghu chopped off his left thumb and Ramachandra assaulted him on his chest. All the accused had an intention of committing his murder, thereby, committed the alleged offences.

5. After investigation, Investigating Officer has submitted the charge sheet against the accused for the aforesaid offences. The case was registered in C.C.No.70/2010. Thereafter, the case was committed to the Court of Sessions and was registered as S.C.No.144/2011.

6. Accused appeared before the Trial Court. On hearing the charges, the Trial Court has framed the charges for the offences punishable under Sections 143, 148, 341, 307, 323, 324 r/w 149 of IPC and same was read over and explained to the accused, having understood the same, accused pleaded not guilty and claimed to be tried.

7. To prove the guilt of the accused, in all 17 witnesses were examined as PWs.1 to 17, 19 documen