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3. The accused No.1 to 7 are on bail.

4. The case of the prosecution is as under:

There was a dispute between Venugopal brother of accused No.1 and C.W.1 and CW.8 in respect of the setback area between their house. It is alleged that accused No.1 and 2 are agreed to leave the passage between these houses. That on 1.8.2014 at about 11 AM C.W.1 and CW.8 visited near their house in order to see whether accused No.1 and 2 were constructing the house by leaving setback area. When they went near that place and asked the accused No.1 and 2 why they without leaving the setback constructing the house, at that time accused No.1 and 2 picked up quarrel with CW.1 and CW.8 and abused CW.1 and CW.8 in filthy language as "ಬಬಬಳ ಮಕಕಳದ ಸಬಳ ಮಕಕಳ ನಬವ ಹಬಳದದತ ನವ ಮನ ಕಟಟಬಬಕ, ನವ ಯವ ಪಪಸಬಜ‍ಬಡಡವದಲಲ." At that time, when CW.1 and 8 requested the accused No.1 and 2 to leave passage as they required light and air to their house. At that time the accused No.3 to 7 also joined with the accused No.1 and 2 and all the accused persons with common object picked up quarrel with CW.1 and 8 and abused them in filthy language and accused No.1 to 3 assaulted CW.1 and CW.2 with wooden stick and caused them injuries and accused No.4 to 7 by holding CW.1 and CW.8 pulled their clothes and assaulted them with hands and voluntarily caused them simple injuries. The accused No.1 to 7 criminally intimidate CW.1 and CW.8 by giving life threat to them.

17. PW.2 Vijaya Kumar has deposed that he has house at Hunasamaranahalli which has given on rent. Adjacent to his house the accused No.1 constructed the house of his brother Venugopal. 15 days prior to this incident he along with PW.1 Shivashankar came near the house situated at Hunasamaranahalli at that time they advised accused No.1 to construct the house by leaving the setback area for which accused No.1 agreed. Thereafter on 1.8.2014 at about 11 AM when he along with PW.1 visited near his house at that time they found that the accused No.1 constructing house without leaving setback are. Hence, they asked accused No.1 and 2 why ehy were not left the space of passage at that time the accused No.1 and 2 picked up quarrel with them and abused them as "Soole Makkala, Boli makkala." Then the accused No.3 to 7 have also joined with the accused No.1 and 2 and abused him and his brother PW.1 as "Soole makkala, Boli makkala". The accused No.1 to accused No.3 took the wooden club and assaulted him and PW.1 with wooden clubs and accused No.4 to 7 assaulted him and PW.1 with hands and pushed them by holding their clothes and also abused them as "Loafer makkala" and assaulted them with hands. PW.2 has deposed that as the accused No.1 to 3 have assaulted his brother PW.1 with wooden stick on his head. PW.1 has sustained bleeding injuries. PW.2 has also deposed that the accused persons given life threat to them that they will take away their life if they once again came to ask regarding the setback area. After this incident he along with PW.1 went to Yalahanka police station in motor cycle. Then the police by seeing the bleeding injuries took PW.1 and him to the Yalahanka Govt., Hospital for treatment. After taking treatment in the Yalahanka Government Hospital again they came to the police station and PW.1 lodged the complaint to the police. PW.2 has identified M.O.1 to M.O.4 by stating that those wooden clubs were used by the accused to assault them. During the course of his cross-examination by the learned counsel for the accused, PW.2 has denied the suggestion that in order to preserve their encroached area they have picked up quarrel with accused contending that accused No.1 and 2 have not left setback area. PW.2 has denied the suggestion that he along with his brother and others criminally trespassed into the house of the accused and abused accused in the name of caste and abused them in filthy language and abused them in the name of caste and abused them in filthy language and assaulted them with wooden club and given their life threat to them and caused them injuries. He has denied the suggestion that in order to counter blast the case registered against them, his brother PW.1 has created the wound certificate and has filed the false complaint against the accused. PW.2 has denied all other suggestions made to him.

24. PW.9 Santhosh Kumar is the eye witness to the incident has deposed that there was dispute between accused and PW.1, PW.2 in respect of setback area. That on 1.8.2014 at 11.00 Am when he went near the house of PW.2 Vijaya Kumar quarrel taken place between accused No.1, 2, Accused No.1 and 2 abused PW.1 and PW.2 in filthy language as "Boli Makkala, Sule Makkala". Accused No.3 to 7 have joined to Accused No.1 and 2 and all the accused persons quarrelled with PW.1 and PW.2. Accused No.1 to 3 have assaulted PW.1 and PW.2 with wooden club and caused to PW.1 bleeding injuries to head. Accused No.3 to 7 have caught hold and pulled the clothes of PW.1 and PW.2. Accused persons have also given life threat to PW.1 and PW.2. PW.9 has deposed that he has given statement before the police. He has identified M.O.1 to M.O.4 used by the accused for commission of the offences. During the course of cross- examination by the learned counsel for accused PW.9 has deposed that he went to the Hunasamaranahalli near the house of PW.2 in search of house for rent. He has deposed that the accused persons quarrelled with PW.1 and PW.2 on the subject matter of setback area. He has denied the suggestion that on 1.8.2014 PW.1, PW.2 and others criminally trespassed into the house of accused and abused them in filthy language and in the name of caste and assaulted them. PW.9 has denied all other suggestions made to him.

29. The learned counsel for the accused argued that in Ex.P3 wound certificate the time of incident mentioned as 10.30 AM but PW.1, PW.2 and remaining witnesses deposed that the incident occurred at 11.00 AM hence case of the prosecution is doubtful. This arguments of learned counsel for accused is not acceptable. The variance in Ex.P3 and deposition of PW.1, PW.2, PW.4, P4.6, PW.8, PW.9 regarding the time of incident is trivial in nature. Admittedly, Ex.P3 is issued by PW.7 doctor. PW.7 is not the eye witness to the incident. Merely because PW.7 in Ex.P7 mentioned the history of incident and time of incident mentioned as 10.30 AM the entire prosecution evidence cannot be doubted. The learned counsel for the accused much argued about the document Ex.D1 endorsement given by the Gram Panchayath Authorities by contending that PW.2 has constructed house measuring 31 feet x 41 feet even though he has site measuring 30 fee x 40 feet. No doubt in Ex.D1 it is mentioned that Vijaya Kumar constructed house measuring 31 feet x 41 fee that itself not sufficient to hold that the accused persons have not committed the offences. It is the specific case of the prosecution is that when PW.1 and PW.2 questioned accused No.1 and 2 regarding not leaving the passage area while constructing the house the quarrel taken place. Whether the PW.1 and 2 were encroached the property belongs to brother of PW.1 is matter to be decided by the civil court. In this case, no such charge is framed for the criminal trespass. However, the fact remains that the dispute between PW.1, PW.2 and accused No.1 regarding leaving the passage area between the house of Venugopal and house of PW.2 is root cause for quarrel between the parties is not in dispute. The oral evidence of PW.1, PW.2, PW.4, PW.6, PW.8, PW.9 who have clearly deposed about the overt act of the accused in assaulting PW.1 with wooden stick and with hands corroborate with the medical evidence of PW.7 Doctor and Ex.P3 Wound Certificate issued by the doctor. PW.1, PW.2, PW.4, PW.6, PW.8, PW.9 are all clearly deposed that the accused No.1 and 2 have started to quarrel with PW.1 and 2 and abused PW.1 and 2 in filthy language at that time the accused No.3 to 7 have joined with the accused No.1 and 2 and accused No.1 to 3 have assaulted PW.1 and 2 with wooden clubs and accused No.4 to 7 assaulted PW.1 and 2 with hands and pulled them by holding their clubs and also abused them in filthy language and given life threat to PW.1 and 2. The oral evidence of PW.1, PW.2, PW.4, PW.6, PW.8, PW.9 are corroborating with each other. Their oral evidence is consistent with regarding the derogatory words used by the accused in order to abuse PW.1 and 2. All these witnesses have clearly deposed that the accused persons have also given life threat to PW.1 and 2. In this case, PW.4, PW.6, PW.8, PW.9 are all independent eye witnesses, their presence in the place of incident cannot be doubted. During the course of their cross-examination by the defence, nothing is elicited from their mouth to show that they had any enimity or illwill against accused in order to depose against the accused. PW.4, PW.6, PW.8, PW.9 have clearly deposed that all the accused persons quarrelled with PW.1 and PW.2 with wooden clubs and remaining accused persons assaulted PW.1 and PW.2 with hands and pulled them by holding their clubs. The learned counsel for the accused argued that non-seizure of the bloodstained clothes of PW.1 is fatal to the case of the prosecution. These submissions pertaining to shortcomings falling within the erena of investigation. Merely because the I.O., has not seized the clothes of PW.1 and 2, it cannot be ground to disbelieve the oral evidence of PW.1, PW.2, PW.4, PW.6, PW.8, PW.9 who are all deposed about the overt act of the accused in assaulting PW.1 and 2 with wooden club and with hands. The oral evidence of PW.7 doctor and the document Ex.P3 wound certificate also support the version of PW.1, PW.2, PW.4, PW.6, PW.8, PW.9 which would go to show that PW.1 has sustained simple injuries. There is clear evidence on the side of the prosecution to show that on 1.8.2014 at 11 AM near the house of PW.1, the accused persons formed an unlawful assembly with common object to quarrel with PW.1 and 2 and accused No.1 to 3 armed with the deadly weapons like wooden clubs in their hands assaulted PW.1 with wooden clubs and accused No.4 to 7 assaulted PW.1 and PW.2 with hands and voluntarily caused simple injuries to PW.1. The oral evidence of PW.1, PW.2, PW.4, PW.6, PW.8, PW.9 is also sufficient to hold that the accused persons abused PW.1 and 2 in filthy language such as "Boli makkala, soole makkala" so as to provoke them and insulted them. There is clear evidence on the side of the prosecution to show that the accused persons criminally intimidated by giving life threat to PW.1 and PW.2. There is clear evidence on the side of the prosecution to show that when PW.1 and PW.2 questioned accused No.1 regarding setback area, the quarrel taken place between both the parties. The prosecution has successfully proved that the accused persons with common object formed unlawful assembly with an intention to assault PW.1 and PW.2 armed with deadly weapon like wooden club committed rioting and in furtherance of their common object accused persons abused PW.1 and 2 in filthy language and accused No.1 to 3 assaulted PW.1 with wooden club and accused No.4 to 7 assaulted PW.1 and PW.2 with hands and pushed them and voluntarily caused simple injuries to PW.1 and criminally intimidated PW.1 and 2 by giving life threat to them. The prosecution has successfully proved that the accused persons have committed the offences punishable u/s 143, 147, 148, 504, 506, 323, 324 r/w 149 of IPC. Hence, I answered point No.1 to 5 in the affirmative.