GOVINDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel.

(2.) This is an appeal filed under Section 379 Criminal Procedure Code read with Section 2 (a) of the Supreme court (Enlargement of Criminal Appellate Jurisdiction) Act. A rioting took place on 7/08/1977 at about 5 p. m. in Village gholanayakanahalli within the limit of Yalahanka Police Station in the course of which one Jayarama Reddy the deceased in the case received fatal injuries. PW 2 in the case lodged the First Information Report implicating several persons. In respect of this offence 16 persons were tried. Out of them A-12 and a-13 were ladies. They were tried for offences punishable under S. 143, 148, 302/149 Indian Penal Code. The trial court acquitted five of them and convicted A-1 to a-11 under S. 326/149 Indian Penal Code and sentenced each of them to undergo RI for six years. All of them preferred an appeal to the High court. During the pendency of the appeal. A-11 (Chikka Govindappa) died. Therefore, his appeal stood abated. The State also preferred appeals being Nos. 280 and 281 of 1981 one for enhancement of the sentence and another against acquittal of theaccused of the murder charge. The High court dismissed the criminal appeal filed by the convicted accused but allowed the other criminal appeal filed by the state and altered the convictions to one under S. 302/149 and sentenced each of the convicted accused to undergo imprisonment for life. The other appeal for enhancement was, however, dismissed. The ten accused, A-1 to A-10 have preferred this appeal. Out of them A-1 died during the pendency of the appeal in this court. Therefore, we are left with only A-2 to A-10. The prosecution case is as follows:

(3.) There was a political enmity between A-l and his group on one hand and the deceased and his followers. It started with the Lok Sabha elections in 1977. A-l supported the Congress candidature. After the elections are over, it is alleged that A-l had took revenge with the rest of the villagers as they did not support the Congress Party. There were some incidents. Public Witness 25 a practising lawyer who belongs to the said village also went up in objection to the higher authorities. A night before the occurrence it is alleged that the accused had assembled in the house of A-l. On the day of occurrence, when the deceased was coming out of his house to collect the coolies for his next day's work, it is alleged that all the accused formed into an unlawful assembly and tried to attack the deceased. When the deceased reached the fields, he was surrounded and the two ladies are alleged to have thrown mirch powder into the eyes of the deceased and when the deceased pleaded against hitting him, Govindappa (A-1 instigated that the deceased should be finished and dealt sickle blows on the left side of the neck of Jayarama Reddy the deceased. The deceased fell down and then A-l again instigated others to finish him. Then, A-3 dealt a blow on the left shoulder of the deceased, the deceased fell down, A-5 gave a blow on the hand with a dagger. A-7 speared on the left buttock. A-8 speared in the same region. A-7 and A-8 went with the spears against the deceased. In that process, a-9 received injuries on his left hand, Public Witness 2 the cousin brother of the deceased witnessed the occurrence. The other witnesses viz. , PWs 3 to 9 also witnessed the occurrence. Public Witness 2 went to the Police Station almost immediately and gave the report. The case was registered and the investigation was taken up. Inquest was held on the dead body and the same was sent for post-mortem. The doctor who conducted post-mortem found as many as six injuries on the dead body of the deceased. The doctor opined three injuries injury Nos. 1 to 3 in the following terms: