YAMANAPPA GOOLAPPA SHIRGUMPI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 and is directed against the judgment of the Karnataka High Court dated 21/22-1-1975 setting aside the acquittal of accused Nos. 1, 2, 3 and 7 passed by the trial court, convicting them under Ss. 302/34, Indian Penal Code, and sentencing them to imprisonment for life.

(2.) The prosecution case has been set out in detail in the judgment of the High Court and that of the trial court and it is not necessary to repeat the same all over again. The occurrence which resulted in the death of Fakirappa Gulappa Shirgumpi and Hanamantappa Gulappa Shirgumpi, is alleged to have taken place in village Venkatapur, district Belgaum, on the 22nd October, 1972 at about 8-30 a.m. The F.I.R. of the occurrence was lodged by the complainant, P.W. 2 who reached Katkol on the same day at about 5 p.m. Thereafter the police arrived at the scene some time after midnight and held the usual inquest. After the investigation a charge-sheet was submitted against eight, persons who were all acquitted by the Sessions Judge after trial.

(3.) The defence of the accused was that all the accused persons were falsely implicated due to serious animus which they bore against the deceased and the prosecution witnesses.