- (1.) These appeals arise out of a judgment and order dated 13.09.2005 passed by a Division Bench of the High Court of Karnataka at Bangalore in Criminal Appeal No. 359 of 2005.
(2.) Appellant with six others was charged for commission of offences under Sections 143, 148, 341, 326, 302, 120B read with Section 149 of the Indian Penal Code, 1860 for causing death of one Udaya Kumar (deceased) on 19.10.2003.
(3.) The case of prosecution is as under. 19.10.2003 was a Sunday. The deceased and Sudhakar Bollaje (PW- 4) were going on a motorcycle from Krishnapura to Ganeshpur. Allegedly, the motorcycle was stopped near Block No. II of village Kattipalla by a boy aged about 20 years. Appellant herein together with Siraj, Jubaid and Iqbal accompanied by 2-3 persons surrounded the motorcycle. They were armed with swords and cricket bats. Nooruddin, appellant herein, attacked the deceased with a sword, which he was carrying. PW-4 attempted to prevent it and in the process sustained an injury on his left hand. Udaya jumped from the motorcycle and ran towards the playground of the school. While he was climbing on the steps of the school, the appellant and his associates chased him and attacked him with swords and bats. PW-4 was also hit by a sword on his leg. He escaped and ran away.;