OF

CONVICTION DATED 15.12.2018 AND ORDER ON SENTENCE DATED

17.12.2018 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS

JUDGE,

RAICHUR,

IN

S.C.

NO.25/2013

CONVICTING

APPELLANTS/ACCUSED

NOS.1

5

FOR

OFFENCES

PUNISHABLE UNDER SECTIONS 504, 324 AND 326 READ WITH

SECTION 149 OF THE IPC.

THIS CRIMINAL APPEAL IS COMING ON FOR FURTHER

DICTATION, THIS DAY, THE COURT MADE THE FOLLOWING:

J U D G M E N T

This appeal is filed by the appellants-accused Nos.1

to 5 being aggrieved by the judgment of conviction dated

15-12-2018 and order on sentence dated 17-12-2018

passed by the Principal District and Sessions Judge,

Raichur, in Sessions Case No.25 of 2013, wherein the

learned Sessions Judge convicted the appellants/accused

Nos.1 to 5 for the offences punishable under Sections 326,

- 3 -

324 and 504 read with Section 149 of the Indian Penal

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

2. The factual matrix of the case are that on

24-8-2011, Jagadish, brother of the complainant, aged

about 12 years, was grazing cattles in his brother's baron

land situated at Hire-Upperi Village, accused No.1 abused

him in filthy language, threatened to chop him and throw

him in a canal. Hence, on 26-8-2011 at about 8.00 a.m.,

the complainant and his mother, Balamma, came to the

house of accused-Yamunappa to enquire as to why

accused No.1 threatened Jagadish while grazing the

cattles in their land, at that time, accused Nos.1 to 5

formed unlawful assembly and abused them in filthy

language. Accused No.4 assaulted the complainant with

axe on the back of his head, accused No.2 assaulted with

knife on the left cheek, accused No.1 assaulted with stone

to the right hand little finger and accused No.3 assaulted

with stone on his head and caused bleeding injuries.

When the mother of the complainant came to his rescue,

- 4 -

accused No.4 assaulted her with club on her left shoulder

and caused fracture to her and accused No.5 assaulted her

with stone on her right hip. Hence, the complainant

lodged a complaint to the respondent-Police.

3. Based on the complaint, Lingasugur Police

registered a case in Crime No.73 of 2011, submitted F.I.R.

to the Court and copy of the same to the higher Authority.

Later, the Investigating Officer conducted investigation

and filed the charge-sheet. After receipt of the charge-

sheet, the Magistrate took cognizance of the offences and

since this case is a counter-case to Sessions Case No.45 of

2012, the matter was committed to the Court of Sessions

to record common evidence. The Sessions Judge framed

charge against the accused persons and read over to

them, they pleaded not guilty to the charge and they

claimed to be tried.

4. In order to prove its case, the prosecution

examined in all ten witnesses as PW.1 to PW.10, got

marked five documents as per Exs.P.1 to P.5 and got

- 5 -

marked three material objects as per MOs.1 to 3. The

statements of the accused persons as contemplated under

Section 313 of the Cr.P.C. were recorded by the trial Court

by explaining the incriminatory material, the case of the

accused persons was of total denial and they did not enter

the witness box.

5. The trial Court, on the basis of the material

available on the record, framed the following points for

consideration, which reads as under:

Whether the prosecution has established

beyond reasonable doubt that on 26.08.2011 at

about

08:00

a.m.

when

brother

of

the

complainant namely Jagadish was grazing cattle

in his brother’s baron land situated in Hire-

Upperi village with their common intention A-1

abused him in filthy language & threatened to

chop & throw him in the canal with regard to as

to why he was grazing the cattle there & when

complainant, his mother Balamma came together

to the house of accused asking them as to why

A1 had abused & threatened Jagadish while

grazing cattle in their land, A2 & A3 being

- 6 -

enraged over the same abused them in filthy

language thereby gave provocation to them

intending or knowing it to be likely that such

provoc