The appellant-accused No.1 to 6 are before this

Court seeking to set aside the impugned judgment of

and Sessions Judge at Raichur (hereinafter referred to as

the ‘Trial Court’ for short) and to acquit the appellants

herein for the offences punishable under Sections 148,

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307, 323, 324, 506 r/w section 149 of the Indian Penal

Code (for short 'IPC').

2.

The trial Court after trial sentenced the

accused Nos.1 to 6 to undergo rigorous imprisonment for a

period of six months and to pay fine of Rs.5,000/- each for

the offence punishable under Section 148 of IPC; accused

Nos.1

to

4

are

sentenced

to

undergo

rigorous

imprisonment for a period of five years and also to pay fine

of Rs.20,000/- each for the offence punishable under

Section 307 of IPC; accused Nos.2 and 4 are sentenced to

undergo rigorous imprisonment for a period of one year

and also to pay fine of Rs.10,000/- each for the offence

punishable under Section 324 of IPC; accused Nos.5 and 6

are sentenced to undergo rigorous imprisonment for a

period of six months and also to pay fine of Rs.5,000/-

each for the offence punishable under Section 323 of IPC;

accused Nos.1 to 6 are sentenced to undergo rigorous

imprisonment for a period of one year and also to pay fine

4

of Rs.10,000/- each for the offence punishable under

Section 506 of IPC.

3.

Brief facts of the case are that P.W.1

Somalingappa was admitted in VIMS Hospital Bellari and

his statement was recorded by ASI as per Ex.P.1. The

informant stated that he is an agriculturist, residing in

Karduchilumi village, along with his family members.

Witness stated that accused are his relatives and there

was dispute between them with regard to the landed

properties. Since several days accused No.5, Chatrappa

was

spreading

false

rumours

stating

that

P.W.2-

Mahankalappa is informing the villagers that Chatrappa

committed rape on the wife of P.W.3. In this regard,

P.Ws.1 and 2 decided to question accused No.5-

Chatrappa.

4.

On 05.09.2011, at about 7.30 p.m., when

P.Ws.1, 2 and 3 were in front of house of PW.3, accused

Nos.5 and 6 came to the spot. P.Ws.1 and 2 questioned

them as to why they are spreading rumours. Accused

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Nos.5 and 6 abused them in filthy language and started

assaulting P.Ws.1 and 2 with hands. In the meantime,

accused No.1 Shamanna with an intention to cause death

of P.W.2 assaulted him on his back. At the same time,

accused No.3 Hanumantha also assaulted P.W.3 with a

stone on his stomach. P.W.1 tried to intervene in the

matter, but accused No.4-Veerbhadrappa came and

assaulted P.W.1 with an axe on his back and assaulted. All

the accused with a common intention assaulted P.Ws.1 to

3. P.Ws.4 and 5 came to the spot and tried to intervene in

the matter. P.Ws.12 and 13 have also rushed to the spot

and pacified the situation. However, accused criminally

intimidated to take away their lives and went away from

the spot. The informant stated that he along with P.Ws.2

and 3 were shifted to Taveragera hospital and from there

shifted to Hospital at Bellari. He stated that all the accused

with a common intention of causing their death assaulted

them with stone, axe, club and hands and also criminally

intimidated. Thereby, they have committed the above said

offences. Hence, the complainant requested the police to

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register the case and to initiate legal action. Accordingly,

police have registered the case and took up investigation.

After completing the investigation, charge sheet came to

be filed. Accused Nos.1 to 6 have pleaded not guilty for the

charges leveled against them.

5.

The prosecution examined P.Ws.1 to 14 and

got marked documents at Exs.P.1 to P.10 and identified

MOs.1 to 6 in support of their contention. Accused have

denied all the incriminating materials available on record in

their statement recorded under Section 313 of Cr.P.C., but

they have not chosen to lead any evidence in support of

their contention. Ex.D.1 and D.2 were marked through

cross-examination of the prosecution witnesses. The trial

Court, after takin