AND

ORDER

OF

CONVICTION

DATED

09.02.2018 PASSED BY THE II ADDL. SESSIONS JUDGE

KALABURAGI

IN

S.C.NO.48/2016

CONVICTING

THE

APPELLANT/ACCUSED FOR THE OFFENCES PUNISHABLE

UNDER SECTION 324 READ WITH SECTION 34 OF IPC.

THIS

APPEAL,

COMING

ON

FOR

DICTATING

JUDGMENT, THIS DAY, THE COURT DELIVERED THE

FOLLOWING:

JUDGMENT

Heard Sri Ashok B. Mulage, learned counsel for

appellants and Smt. Anita M. Reddy, learned High Court

Government Pleader for respondent - State.

2.

The appellants/accused Nos.1 and 2 have filed

this appeal under Section 374(2) of the Code of Criminal

Procedure, 1973, (for short 'Cr.P.C.') praying to set aside

the judgment of conviction and order of sentence passed

by the learned II Additional Sessions Judge, Kalaburagi

(for short 'Trial Court'), in Special Case (SC/ST)

No.48/2016 dated 09.02.2018 and to acquit the appellants

- 3 -

of the offence punishable under Section 324 of the Indian

Penal Code, 1860, (for short 'IPC').

3.

For the sake of convenience, the parties are

referred to as per their status before the Trial Court.

Appellants are accused No.1 and 2 and respondent is

complainant - State.

4.

The brief facts of the prosecution case are as

under:

On 24.03.2016 at about 03.00 p.m., near Ambigar

Chowdayya Circle at Heroor (B) Village, Taluka and District

Kalaburagi, all the accused formed an unlawful assembly

with common object, committed rioting by holding deadly

weapons, took quarrel with PW4 - Yashwanth when he was

returning to house from Agasi; accused No.1 - Huleppa

and accused No.2 - Mahesh caught hold of Yeshwanth in

the middle of the road, pushed him on the road and

assaulted him with club; when he questioned them as to

why they are assaulting him, they abused him in filthy

language by taking his caste, caught his neck, sat on his

- 4 -

chest and also assaulted with club and cycle chain, at that

time accused No.3 to 6 rushed to spot and assaulted

Yeshwanth on his abdomen; later accused Nos.7, 8, 9, 10

and 11 abused Yeshwanth by taking his caste and abetted

others to assault him. Therefore, Yeshwanth lodged

complaint as per Ex.P4. Based on the complaint, PW8 -

ASI registered a case in Crime No.30/2016 against all the

accused persons for the offences punishable under

Sections 143, 147, 323, 324, 504 and 506 read with

Section 149 of IPC and Sections 3(1)(x) of SC/ST (PA) Act

and submitted FIR - Ex.P9 to the jurisdictional Court and

copy of the FIR to his higher authorities. Later PW9 took

up the investigation, visited the spot, prepared spot

panchanama - Ex.P1, seized MO1 - Club from the spot,

recorded statements of witnesses and after conclusion of

the investigation filed charge sheet for the offences

punishable under Sections 143, 147, 148, 323, 324, 504

and 506 read with Section 149 of IPC and Sections 3(1)(x)

of SC/ST (P.A.) Act.

- 5 -

5.

After filing of the charge sheet, the trial Court

took cognizance of the alleged offences under Section

190(1)(b) of Cr.P.C., and framed the Charge against

accused for the aforesaid offences, for which accused

pleaded not guilty and claimed to be tried.

6.

The prosecution in order to prove its case, in all

examined 11 witnesses as PWs.1 to 11 and got marked 10

documents as per Exs.P1 to P10 and material object MO-1.

On conclusion of the trial, the statements of accused

persons were recorded by the trial Court under Section

313 of Cr.P.C.

7.

On the basis of the above, the trial Court

framed the following points for consideration;

1)

Whether

prosecution

has

proved

beyond

reasonable doubt that, accused Nos.1 to 11 on

24.03.2016, at about 3.00 p.m. near Ambigar

Chowdayya Circle at Heroor (B) Village, within

limits of Farhatabad Police Station, formed an

unlawful assembly with common object of

committing rioting and other offences on CW-1

Yeshwanth and thereby committed an offence

- 6 -

punishable under Section 143 read with

Section 149 of IPC?

2)

Whether

prosecution

has

proved

beyond

reasonable doubt that on above said date,

time and place, accuse