LAWS(SC)-2008-5-56

STATE OF KARNATAKA Vs. CHIKKAHOTTAPPA ALIAS VARADE GOWDA

Decided On May 16, 2008
STATE OF KARNATAKA Appellant
V/S
CHIKKAHOTTAPPA ALIAS VARADE GOWDA Respondents

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Karnataka High Court partially allowing the appeal filed by the respondent who were convicted for offence punishable under Sections 148,302 read with Section 149 of the Indian Penal Code, 1860 (in short the 'IPC'). By the impugned judgment the High Court held that the respondents were to be convicted under Section 148 and Section 326 read with Section 149 IPC.

(2.) Background facts as projected by the prosecution in a nutshell are as follows:

(3.) In appeal, the High Court found that A4 i.e. Lokesh was not guilty but the rest of the accused persons were responsible for the death of the deceased. But, however altered the conviction as noted above. The High Court for the purpose of altering the conviction noted as follows: