HANUMANTAPPA KRISHNAPPA MANTUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) - This appeal is directed by the above four appellants, namely, Hanumantappa Krishnappa Mantur, Basalingappa Hanumantappa Mantur, Yamanappa Hanumantappa Mantur, Mahadevappa Hanumantappa Mantur against the judgment and order dated 21-3-79 rendered in Criminal Appeal No. 292 of 1978 by the Karnataka High Court allowing the State appeal preferred against the order of acquittal passed by the Trial Court acquitting all the four appellants of the offence punishable under S. 302 read with S. 34 IPC. All these four appellants took their trial on the allegations that on 10- 1 1-77 at about 5.30 P. M. in the land bearing R. S. No. 377 of Talewad Village in Basavan Begewadi Taluka in furtherance of their common intention caused the death of the deceased by AI and A3 cutting the deceased with sickles and A2 and A4 attacking by axes. The deceased, it is stated by the prosecution, on receipt of the injury died on the spot it sell

(2.) The relevant facts briefly stated are as follows:

(3.) PW 11 along with her husband had been in the actual and physical possession of the property and enjoying the same. PW 1 1 fell ill. Her husband PW 2 refused to meet the medical expenses of PW 11. Therefore, PW 11 was compelled and necessitated to alienate her property. Accordingly PW 11 sold a portion of the property inherited by her from her father on 14-6-77 to the deceased. However, the physical possession of the property continued to be with the appellants 1 to 4 as well as PW 11.