KUMARA S/O NINGEGOWDA Vs. STATE

JUDGEMENT

(1.) The sole appellant in Criminal Appeal No.1523/2005 was Accused No.2 while the appellants in Criminal Appeal No.1739/2005 were Accused Nos. 1 & 3 to 6 in S.C. No.171/2003 on the file of III Additional Sessions Judge at Mysore. They were tried for the charges under Sections 147, 307 & 324 r/w. 149 Penal Code inter alia alleging that in the background of previous illwill and animosity, at about 10.00pm on 24.09.2002 while PW.2-Somegowda, PW.1-Devraju and PW.3- Srinivasa were proceeding towards Bilikere near the land of one Govindegowda, close to Vadeyara Hosahalli, Accused Nos. 1 to 6 as members of unlawful assembly sharing common object of committing murder, way-laid PWs. 1 to 3 and at that time, Accused Nos. 1 & 3 to 6 held PW.2, while Accused No.2 stabbed PW.2 with a knife on the stomach and when Accused No.2 again tried to stab, PW.3 intervened, as a result, the blow fell on the right hand of PW.3 and on hearing the screams, the villages came and on seeing them, the accused persons ran away from the place.

(2.) According to the case of the prosecution, immediately after the incident, the injured-PW.2 was taken to Government Hospital at Bilikere in the jeep driven by PW.5-Malleshappa, which came near the scene of occurrence and as per the advise of the Doctors, in the very same jeep, PW.2 was shifted to K.R. Hospital, Mysore, where, he was treated as inpatient for nearly three months. In respect of this incident, PW.1- Devraju lodged a report in Bilikere Police Station at about 8.00 am on 25.09.2002 as per Ex.P.1. Based on Ex.P.1, PW.11-Rangaraju, ASI, who was the SHO of the Bilikere Police Station at that time, registered the case in Crime No. 140/2002 for the offences punishable under Sections 143, 147, 341, 324, 307 r/w. 149 of Penal Code against the accused persons and submitted the FIR.

(3.) During investigation, PW.2 recorded the statement of witnesses as well as the injured, collected necessary documents, arrested and released the accused when they appeared before him along with a copy of the order of anticipatory bail and after completing investigation, laid the charge sheet.