STATE OF KARNATAKA Vs. JINAPPA PAYAPPA KUDACHI

JUDGEMENT

(1.) This appeal by the State of Karnataka is filed against the judgment of the Karnataka High court questioning the acquittal of the six respondents-accused (original accused 1 to 6. They along with eight others were tried for offences punishable under S. 148, 302/149, 337/149 and Section 27 of the Arms Act. The trial court while acquitting the others convicted the respondents under S. 148, 302/149, 326/149, 324/149 and 337/149 and sentenced them to imprisonment for life and various other terms of imprisonment for the other minor offences. A-3 alone was also convicted under Section 27 of the Arms Act and sentenced to undergo three years' RI and to pay a fine of Rs. 500. 00 in default of payment of which to suffer Rl for three months. The sentences were directed to run concurrently. The six convicted accused preferred Criminal Appeal No. 174 of 1978 and the State of Karnataka filed an appeal questioning the acquittal of the other accused and also filed another appeal for enhancement of the sentence of the six respondents-accused. The High court dismissed the two appeals filed by the State and allowed the appeal filed by the six convicted accused. The State has come forward with the present appeal against the said order of acquittal.

(2.) The prosecution case is as follows. A-1 to A-13 are the residents of Bastwad village and A-14 is the resident of Patagwundi village. A-1, A-10 and A-11 are full brothers and they have been living separately. They had another brother Nemanna who was subsequently murdered six months prior to the present incident. The other accused are related to each other. The three deceased persons in this case namely Babu Kallappa Kasal (D-l) , Yallappa Devappa Kasal (D-2 and Paris Adappa Kasal (D-3 were cousin brothers and were living separately. Public Witness 3 is the father of PWs 4 and 5 and PWs 1 and 2 belong to the party of D-l. One Kulasambi filed a suit against her daughter-in-law Chutibi and Kallappa, father of D-1 for partition of some land. The said Kallappa was helping Chutibi and was cultivating her land as tenant. After his death, D-l purchased 19 guntas of the said land from Chutibi and was also granted occupancy rights in respect of the remaining land. After his father's death, D-l was helping Chutibi in the litigation and the deceased Nemanna, brother of A-1 was helping Kulasumbi, the opposite party in the said litigation.

(3.) About six months prior to the present incident, Nemanna was murdered. His son A-6 filed a complaint to the police against D-l and D-2, Public Witness 3 and five others. Yallappa, D-2 and one Paris Bhima Pathani were arrested. Since the police failed to file the charge-sheet, they were released by the Magistrate on bail and they returned to the village about two months prior to the incident. Thus, there were ill-feelings and bitter enmity between the two groups. On the day of the incident namely 25/09/1978 in the morning the three deceased persons and PWs 1 and 2 left Bastwad at 7 a. m. by bus for Belgaum to meet their advocate. They reached Belgaum by 8 a. m. Public Witness 3 and one Sawant also got down from the bus and they went to Belgaum city for their own work. The three deceased persons and PWs 1 and 2 then met their advocate. They returned to the bus-stop to catch the bus to go to Bastwad. They were waiting at the bus-stop. Meanwhile, accused 2, 6, 7 and 8 went to the bus-stop, each holding a satchel. At about 12.15 p. m. a bus came. PWs 1 to 3 and the three deceased persons boarded the bus and sat on the seats. Accused 2, 6, 7 and 8stood near the entrance after getting into the bus. On the way, the bus stopped at Fort bus-stand. There accused 1, 3, 4 and 5 boarded the bus. They were also holding a satchel each. The capacity of the bus was 39 passengers and about 20 to 30 passengers were standing. The bus stopped at a few stops. Thereafter it stopped near Bastwad cross for the passengers going to Kondaskoppa to get down. Some of them got down from the bus. At that time, a white car came from Bagewadi side and stopped near the bus. From that car, accused 9 to 14 and a boy got down armed with a sickle each and they proceeded towards the bus. A-1 got down from the bus and went by the side of the bus and stood near the window where D-l was sitting. He gave a blow with the sickle to the window glass of the bus and it broke into pieces. A-8, who was inside the bus, shouted "come, they are caught". On hearing that, D-l got up from his seat and moved towards the right side seat and stood there resting on the seat. At that time, A-3 took out a country pistol and fired at D-l which hit him on the neck. Then accused 1, 2, 14 and others assaulted him with sickles. D-l fell down dead. A-4 and A-8 assaulted D-2 with sickles causing fatal injuries resulting in his instantaneous death. Then A-5 assaulted D-3 with a dagger and A-6 and A-8 assaulted him with sickles. D-3 fell down and rolled out of the bus with bleeding injuries. A-9 and A-10 assaulted Public Witness 1 with sickles. A-2 and A-1 I assaulted Public Witness 3. The other passengers of the bus became frightened and got down from the bus and ran away. The conductor and the driver of the bus also ran away. A-3 fired one more shot from the pistol causing simple injuries to Public Witness 6. PWs 4 and 5 were working at that time in a land near the Bastwad cross and on seeing the galata, they went near the bus. A-2 and A-12 assaulted Public Witness 4 with sickles. Public Witness 5, however, ran away, Public Witness 2 got down from the rear door of the bus and ran away towards Halga. There he saw a white car and accused 1, 2, 3 and 8 were in it. Public Witness 2 felt that the car was following him. Being afraid, he ran inside the village. Sawant, who was also with him, went to the house of Jinnappa Patil and Public Witness 2 went to the house of Gunda Desai, Public Witness 11 and informed him about the incident. Thereafter Public Witness 2, Sawant and Public Witness 11 returned to the spot at about 2 p. m. In the meantime, the conductor and the driver of the bus went to Belgaum in a truck and informed their superiors and the police was also informed. Meanwhile, Public Witness 28, the Head Constable of the Bagewadi police station was informed that some galata was going on. He made an entry and proceeded to Bastwad cross along with the staff. At the place of occurrence, he found two dead bodies lying with cut injuries and D-3 was lying seriously injured. He also noticed that PWs 1, 3, 4 and 6 were injured. A-4 also was found lying injured. By then a jeep from the control room came and a truck was secured and all the injured persons were sent to the hospital. Public Witness 2's complaint was recorded by Public Witness 29, a Police Constable who came in the jeep, on the. basis of which the case was registered. The Circle Inspector conducted the inquest over the dead bodies of D-l and D-2 and sent them for post-mortem. Public Witness 31, Sub-Inspector arrested A-1 to A-6 who were admitted to the Civil Hospital and seized a country pistol and sickles from them. On 26/09/1978 Public Witness 35, the Circle Inspector seized the blood stained clothes from the persons of the accused and he recorded the statement of the injured witnesses. D-3 died in the hospital on 26/09/1978 and the post-mortem was conducted on his dead body also. After completion of the investigation, the charge-sheet was laid.