H. D. SUNDARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal preferred by the accused challenging the impugned judgment of the High Court of Karnataka at Bangalore by which the order of their acquittal, passed by the Sessions Court, was overturned. The appellants were convicted for the offences punishable under Part I of Sec. 304 and Sec. 324 read with Sec. 149 of the Indian Penal Code, 1860 (for short, 'IPC'). They were sentenced to undergo rigorous imprisonment for seven years and pay a fine of Rs.5,000.00.

(2.) We may refer to a few factual aspects of the case. PW-1 (Jagadeesha) is the complainant. The complainant's family had property in the village Hebbale. The appellant no.1 - accused no.1-Mariyappa is PW-1's uncle, with whom PW-1's family was having a dispute over water. Manjunatha and Shivarama are the brothers of PW-1, who are the victims of the offence. On 29/8/1999, both entered the village Hebbale to engage labourers for plucking ginger. PW-1 followed them. On the road to the village, he found that PW-2 (Sundara) and PW-6 (Ravi) were sitting on a culvert. When he was talking to them, they heard the hue and cry from the village, and therefore, they rushed to the village and found that the appellants, who are relatives of PW-1, were holding various weapons like sticks, kathi and club and they were assaulting Manjunatha and Shivarama. It is alleged that accused no.1-Mariyappa assaulted Shivarama by using a club. Accused no.8-Puttappa also assaulted Manjunatha by using a club. Accused no.7- Rajappa used a stick as a weapon of assault for assaulting Shivarama. Accused no.5-Somashekara stabbed Shivarama by using a knife. Accused no.6-Krishnappa assaulted Manjunatha on his head by using a club. Further, an assault was made by accused no.3-Chandrahasa by putting a stone on the chest of Shivarama. Even accused no.4-Rajakumara crushed the leg of Shivarama with a stone. Though PW-1, PW-2 and PW-6 tried to rescue the deceased, they could not save the deceased. Accused no.3-Chandrahasa caught hold of PW-2 (Sundara) and assaulted him by using a sickle (kathi). Accused no. 1 assaulted PW-1 with a club. Accused no.1 also assaulted PW1's mother on the right hand.

(3.) The Trial Court acquitted all the accused. However, by the impugned judgment, the High Court has interfered and convicted the appellants as narrated above.