- (1.) These appeals are directed against the judgment and order dated 19th November, 2008 passed by the High Court of Karnataka at Bengalore in Criminal Appeal Nos.790, 829 and 1408 of 2007. Criminal Appeal Nos.790 of 2007 and 829 of 2007 were filed by accused Nos.1 to 10 against their conviction and the same were allowed by the High Court. Criminal Appeal No.1408 of 2007 was filed by the State of Karnataka against the acquittal of accused Nos.11 and 12, which was dismissed by the High Court.
(2.) The brief facts necessary to dispose of these appeals are that on 13.09.2005 at about 10:30 A.M., one Ajjanna Reddy (deceased), who was the President of Nandigavi Village Panchayat in Harihara Taluk, District Davangere, Karnataka, was monitoring execution of the road repair work in front of Ishwar Temple situated near the house of accused Nos.1 to 4. Accused No.6 objected to the same as the said repair would reduce the area of the front yard of his house. The accused persons picked up quarrel with Ajjanna Reddy and asked him to stop the work which he refused to do so. It is alleged that the accused persons, who were 12 in number, formed an unlawful assembly carrying dangerous weapons, abused and beat the deceased at about 12:30 P.M. and soon, about 50 odd people gathered at the place of occurrence and there was a chaos. PW1, PW2 and PW5 came to rescue the deceased but they were also thrashed. Further, the accused left the scene, the deceased was taken to Davangere Hospital where he was declared brought dead at 2:30 PM. PW1 went to lodge the FIR at about 6:30 P.M. at Malebennur Police Station against 11 accused persons and one Siddappa (not accused herein).
(3.) After investigation, charge-sheet was filed against 12 accused persons (name of 12th accused Siddappa was substitutedwithNadigara Tipeswamy). After considering the material on record and hearing the counsel for the accused, they were charged for offences punishable under Sections 143, 147, 148, 504, 114, 323, 324 and 302 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"). The charges were read over and explained to them. All the accused persons pleaded not guilty and claimed for trial.;