- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a learned single judge of the High Court upholding the judgment of learned Principal Sessions Judge, Shimoga in SC No.37 of 1995 convicting the three appellants for offence punishable under Section 326 of the Indian Penal Code, 1860 (in short the 'IPC') and sentence each one of them to undergo rigorous imprisonment for five years and to pay a fine of Rs.2,000/- each with default stipulation. There were originally 14 accused persons. The trial court found the present appellants guilty and others were found not to be guilty under Section 235(1) of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C.'). Originally all the accused persons were charged for having committed offence under Sections 143,144,147, 148, 109, 504, 324, 323 and 506 read with Section 149 IPC. In view of death of Mahadevappa (hereinafter referred to as 'deceased') on 28.11.1994, Section 302 IPC was added.
(3.) The prosecution version as unfolded during trial was as follows: The accused persons 1 to 14 forming themselves into members of unlawful assembly, with deadly weapons assaulted CW-1 and caused fracture of his left leg. CW-1 consequent to the injuries and septicemia died after five days while under treatment. The F.I.R. is lodged by the deceased. The contents of the F.I.R. implicated all the accused persons. PWs. 2 and 5 are the eye witnesses to the incident. They also implicate A1 to A-14 as assailants who caused grievous injuries on CW-1, ultimately resulting in his death.;