STATE OF KARNATAKA Vs. MALLU KALLAPPA PATIL

JUDGEMENT

(1.) These two appeals arise out of common judgment of the Karnataka High Court in Cr1. Appeals Nos. 454 of 79 and 150 of 1980.

(2.) Before the trial Court altogether 19 accused were tried for offences punishable under Ss. 148, 447,149, 302/149, 324/149 and 337/149, IPC. The trial Court acquitted ten persons and convicted the remaining nine. They preferred an appeal to the High Court. The State also preferred an appeal challenging the acquittal of the other accused. However, out of them the State excluded A-11, A-12 and A-13 from the array of the respondents. The High Court on reappreciation of the evidence convicted A-4, Babu Sitanna Kanabarkar and A-9 Bharma Tanappa Patil under S. 302 read with S. 34. IPC and sentenced each of them to undergo imprisonment for life holding that the prosecution has proved that these two accused inflicted injuries on the deceased Appaji More. The High Court convicted A-1, Mallu Kallappa Patil and A-2 Yeshwant Kohahanna Kesarkar u/Ss.323 read with 34, I.P.C. and sentenced each of them to undergo R.I. for three months and to pay a fine of Rs. 100/- in default of payment of which to further undergo R.I. for one month for causing hurt to P.W. 1. The High Court acquitted the other convicted accused and dismissed the appeal filed by the State. Aggrieved by the said order the State has filed these two appeals against all the accused including A-4 and A-9 but not against A-11, A-12 and A-13 whose acquittal have not been challenged by the State before the High Court. The prosecution case is as follows:

(3.) According to the prosecution after the land was granted in favour of P.W. 9 and Bharma More, they levelled the land and cleaned the well and installed a pump set for taking water for irrigation purposes. They got a good crop and the accused were jealous of it. There were other disputes regarding the contract for cleaning the well and for levelling the lands. On 13-2-79 P.Ws. 1 To 5, 10 and 13 others including the deceased Appaji More had gone to the said land, for cleaning the well and levelling the land of P.W. 9 at about 8 a.m. They worked till 11 a.m. They had their food thereafter and continued to work by 12-30 p.m. It is alleged that all the 19 accused accompanied by 20-30 others, including the women and children came there and begin to fill up the well with earth and stones. P.Ws. 1 to 5, 10 and others asked them not to do so as they had taken the contract work of cleaning the well and levelling the land. The accused did not pay heed to the request and began to fill up the well and also started pelting stones on P.Ws. 1 to 5 and others who began to recede back. The deceased who was lame in one leg each lagged behind. It is alleged that all the accused surrounded the deceased and P.W. 1. A-3 assaulted the deceased with axe on his hands and A-4 assaulted the deceased with axe on head. A-9 assaulted him Koitha on his chest. A-14 threw chilly powder on the face of the deceased. A-1 and A-2 assaulted P.W. 1 with sticks. A-S assaulted P.W. 1 on his head with axe. Other accused were throwing stones at them as a result of which P.W. 10, P.W. 3 and few others sustained injuries. After inflicting the injuries on the deceased as well as on P.W. 1 they left the place. The people from Bekkinakere found the injured P.W. 1 and the deceased. P.Ws. 3, 4 and 10 took P.W. 1 to the road side and boarded a bus went to the Civil Hospital, Belgaum. P.W. 10 thereafter went to the Police Station House at Kakati and gave a written complaint as per Ex. P.12. P.W. 14 registered a case and issued the FIR. On the same day A-16 gave a written complaint alleging that they were beaten and FIR for minor offences was registered. Investigations continued. The accused were arrested and some weapons were recovered. After completion of the investigation the charge-sheet was filed.