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Siddarama And Ors vs State Of Karnataka on 15 September, 2006

Siddarama And Ors vs State Of Karnataka on 15 September, 2006
Author: A Pasayat
Bench: A Pasayat, L S Panta

CASE NO.:

Appeal (crl.) 959 of 2006

PETITIONER:

Siddarama and Ors.

RESPONDENT:

State of Karnataka

DATE OF JUDGMENT: 15/09/2006

BENCH:

ARIJIT PASAYAT & LOKESHWAR SINGH PANTA

JUDGMENT:

J U D G M E N T

(Arising out of S.L.P. (Crl.) No. 1939 of 2006)

ARIJIT PASAYAT, J.

Leave granted.

Appellants call in question legality of the judgment rendered by a Division Bench of the Karnataka High Court holding appellant no.1 guilty of the offence punishable under Section 326 read with Section 149 of the Indian Penal Code, 1860 (in short the ‘IPC’). Each of the accused appellants was sentenced to undergo rigorous imprisonment for 8 years and to pay a fine of Rs.500/-. The appellants and 9 others faced trial for offences punishable under Sections 143, 147, 341, 307 read with Section 149 IPC. The Trial Court convicted accused numbers 1 to 6 and 8 to 13 and sentenced each to undergo rigorous imprisonment for one year in respect of offences punishable under Sections 143, 147 and 341 read with Section 149 IPC, and in respect of offence punishable under Section 307 read with Section 149 IPC, each was sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.500/- with default stipulation. It had been reported to the Trial Court that accused no.7 died during the pendency of the trial. The judgment was assailed before the High Court both by the accused persons and State. While accused persons questioned conviction and sentence, State on the other hand prayed for enhancement of sentence. The appeals were disposed of as aforenoted.

Background facts in a nutshell are as follows:

T. Kumar (the injured/P.W.7) is a resident of Annechakanahally. As his female child had been left by his wife in his father-in-law’s place in Aramballi village of K.R. Nagar Taluk, he went to his father-in-law’s place on 7.5.1990 to bring the child. On 8.5.1990 he stayed back there and on 9.5.1990 he was returning to his village Annechakanahally along with his child. His brother-in-law – Puttaswamy (P.W.4) accompanied him. When they came near Hosa Agrahara Railway Station, Puttaswamy proceeded further to purchase the tickets. By the time Kumara came near the signal cabin in Hosa Agrahara Railway Station, he saw all the accused standing near the signal cabin. They were armed with choppers. When they saw Kumara with the child, they suddenly came and surrounded him and before he boarded the train, the accused Nos.1 and 2 gave a blow on the right hand of Kumara by means of a chopper on account of which, Kumara sustained an injury and lost one of his fingers. He left his child, who was snatched by the accused No.11 Ramakrishna. Then all the accused together caught hold of Kumara and dragged him to a little distance and near the hedges at a distance of about 50 to 60 feet from the railway cabin, they began to assault him. His left leg was severely crushed by the assault and Kumara sustained injuries due to

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