VITHAL LAXMAN CHALAWADI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals under Section 379 of the Cr.P.C. read with Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 arise out of a judgment and order dated 22nd September 2006 and 12th December 2006 passed by the High Court of Karnataka whereby State appeal No.715 of 2000 has been partly allowed and Crl. Appeal No. 705/2000 allowed, the appellants convicted under Section 302 IPC and sentenced to undergo imprisonment for life with a fine of Rs.5,000/- each and in default of payment of the same to undergo rigorous imprisonment for six months. The facts giving rise to the filing of these appeals may be summarized as under:

(2.) According to the prosecution on 25th December, 1995 at about 4.00 p.m. accused nos.1 to 4 went to the house of Mahadevappa Basappa Dodamani (accused no.5) and Yellappa Yamanappa Neelanaik (accused no. 6) for a meeting. From there they came to the house of the Guralingappa (PW-1) around 6.30 p.m. looking for Ramesh- deceased. They were let into the house where they questioned the deceased about his marriage to Survana (PW-9) without their consent. This led to an altercation between the two parties in the course whereof accused Vithal Laxman Chalawadi is alleged to have assaulted the deceased with a knife. When Guralingappa (PW-1) and his mother, Smt. Putalawwa (PW-6) intervened, they too were assaulted. PW-6 mother of the deceased is alleged to have received a chappal blow from accused No.3 on her face. The injured Ramesh was rushed to the hospital but declared dead on arrival. A charge-sheet was eventually filed against six persons for commission of offences punishable under Sections 143, 451, 323, 324, 355, 504, 506, 302, 109 and 149 IPC. Principal Sessions Judge, Bijapur, before whom the accused were tried, acquitted four of them while convicting the remaining two under Section 323 and Section 324 IPC respectively. The Court held that the prosecution had failed to prove the charge of murder against the accused. According to it all that was proved was that a quarrel had taken place at the house of Guralingappa (PW-1) and his brother deceased-Ramesh and that accused no.1 Nijappa had caused an injury to the deceased using a dangerous weapon constituting an offence punishable under Section 324 IPC. Accused no.3 was also convicted but only for causing a simple injury with a Chappal to PW-6 mother of the deceased and convicted under Section 323 IPC.

(3.) Two appeals were filed against this judgment and order of the Sessions Judge. While Criminal Appeal No.705 of 2000 was filed by the convicts, Criminal Appeal No.715 of 2000 was filed by the State against the acquittal of the accused. The High Court has, as noticed earlier, allowed Criminal Appeal No.705 of 2000 while partly allowing Criminal Appeal No.715 of 2000 filed by the State. The High Court has taken the view that the prosecution had established its case against accused 1 to 4, namely, Vithal Laxman Chalawadi, Umesh Laxman Chalawadi, Gangappa Laxman Chalawadi and Nijappa Laxman Chalawadi for the commission of an offence punishable under Section 302 read with Sec. 34 IPC. They were accordingly sentenced to undergo imprisonment for life for the offence of murder. The acquittal of the remaining accused persons, Mahadevappa Basappa Dodamani and Yellappa Yamanappa Neelanaik was affirmed by the High Court. The present appeals assail the correctness of the said order of conviction and sentence.