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3. These connected three appeals are preferred by the accused persons (appellants herein) calling in question the judgment dated 5.12.2012 passed in SC No.114/2008 by the Addl. Sessions Judge at Mandya, wherein the appellants are convicted for the offence punishable under Sections 143, 147, 148, 341, 302, 307 of IPC and also u/s.27 of the Indian Arms Act.

4. Criminal Appeal No.1402/2012 is preferred by A19, whereas Criminal Appeal No.52/2013 is preferred by

-7- Crl.A.1402/2012 C/W Crl.A.Nos.52/2013 & 108/2013 A2 to A6, 9, 10 and 16 and Criminal Appeal No.108/2013, is preferred by A1, A12 and A18 against the judgment of conviction and sentence passed against them as noted above. The appellants (accused Nos.1 to 6, 9, 10, 12, 16, 18 and 19 as noted in the cause title) are sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/- each and in default to undergo one month rigorous imprisonment for the offence punishable under section 143 of IPC; further sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- each and in default to undergo two months rigorous imprisonment for the offence punishable under section 147 of IPC; further sentenced to undergo rigorous imprisonment for three years with fine of Rs.1,000/- each and in default to undergo seven months rigorous imprisonment for the offence punishable under section 148 of IPC; further sentenced to undergo rigorous imprisonment for one month with fine of Rs.5,000/- each with default clause of one week rigorous imprisonment for the offence punishable under section 341 of IPC; they are further sentenced to undergo rigorous imprisonment for seven

5. As all the appeals are arising out of a common judgment of conviction and sentence, they are taken up together for disposal.

6. The brief factual matrix of the case that emanates from the records is as follows:

-9- Crl.A.1402/2012 C/W Crl.A.Nos.52/2013 & 108/2013 Totally 34 accused persons were charge sheeted by Mandya West Police, Mandya District on the allegations that, on 7.12.2007 at about 11.15 a.m., near Yeliyur Circle on the way to Mayannana Koppalu Road near Hanumaiah's land in Mandya, PWs.1 to 3 Madhu, Prabha and M.S. Madhusudhan @ Cable Madhu (injured witnesses) and deceased Jadeja Ravi along with others were proceeding in a Scorpio car bearing No.KA-32/N-4374 in order to attend a death ceremony at Yeliyur. PW-1 was actually driving the vehicle. At about 11.15 a.m., when they reached Yeliyur circle, a Tata Sumo vehicle bearing No.KA-06/1715 came from the opposite direction and dashed against the Scorpio vehicle in which the deceased and PWs.1 to 3 and others were traveling. It is also the case that a Tata Indica car bearing No.KA-02/B-823, came from backside. Some unknown persons holding iron longs and deadly weapons got down from the said vehicles. All of them started assaulting PWs.1 to 3 and 9 and the deceased, Jadeja Ravi. PWs.1 to 3 and 9 have suffered some injuries. The assailants mercilessly assaulted Jadeja Ravi on his head and other parts of the body with choppers and iron longs.

-10- Crl.A.1402/2012 C/W Crl.A.Nos.52/2013 & 108/2013 Due to the assault, Jadeja Ravi succumbed to the injuries on the spot itself. The assailants have also cut off the left hand of the said deceased Jadeja Ravi and carried away the same with them.

7. On receiving the information about the incident, PW-37 M.N. Manjunath, SHO attached to Mandya West Police Station, went to the General Hospital, Mandya and recorded the statement of PW-1 Madhu as per Ex.P1 and thereafter registered a case in Crime No.492/2007 against 10 - 15 unknown persons and dispatched the FIR as per Ex.P-55. Subsequently, PW-39 B.B. Lakshmegowda took over the investigation and after completion of the investigation submitted a charge sheet against 34 accused persons for the offence punishable under section 143, 147, 148, 341, 302, 307, 212, 120B read with Section 149 of IPC and also u/s.27 of the Indian Arms Act read with Section 149 of IPC. Out of them, A-13 Puttaraju was shown to be absconding, A-22 Ravi @ Ravindra was not sent up for trial and A-34 Reddy @ Vinaya @ Vini was split up from the charge sheet. Totally 31 accused persons were

10.2 PW-8 Eranna, Warden in a Hostel at Ganjam, who allowed A2 and A28 to take shelter in the Hostel and helped A2 and A28 to stay in the said hostel, he has also turned hostile. PW-10 is Siddaraj, who gave shelter to A3, A5 and A6 in connection with this case. PW- 11 Mahesh and PW-12 Ranjeeth were the persons who were examined in order to establish the conspiracy between the accused persons, but they all turned hostile. PW-13 Krishna, was a member of Chit transaction along with A1. He has also not supported the case. PW-14 Guru, PW-15 Shankar and PW-16 Manchegowda are the panch witnesses to the inquest proceedings (Ex.P-18 drawn in Mandya General Hospital Mortuary) conducted on the dead body of the deceased. They also did not support the case of the prosecution. PW-17 Raja is the panch witness with regard to the seizure of a Tata Sumo vehicle. PW-18 T. Jayaramu, is also a panch witness for the seizure of chopped left hand