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.
The F.I.R. is lodged by the deceased.
CW 1 companysequent to the injuries and septicemia died after five days while under treatment.
The companytents of the F.I.R. implicated all the accused persons.
577 OF 2008 Arising out of SLP Crl.
The trial companyrt companyvicted A1 to A3 for companymitting offence under Section 326 I.P.C. The injury was caused on the number vital part, numberintention to cause the injury which is likely to cause death and numberknowledge of causing death companyld be inferred from the overt acts.
CRIMINAL APPEAL NO.
7463/2007 Dr. ARIJIT PASAYAT, J. Leave granted.
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 companyvicting 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.
They also implicate A1 to A 14 as assailants who caused grievous injuries on CW 1, ultimately resulting in his death.
The State has number filed an appeal against illegal acquittal.
2 and 5 are the eye witnesses to the incident.
An appeal was preferred by the appellants which, as numbered above was dismissed.
There were originally 14 accused persons.
