STATE OF KARNATAKA Vs. PAPANAIKA

JUDGEMENT

(1.) This appeal is directed against an order of the Karnataka High Court whereby the Division Bench of the High Court has acquitted all the six accused persons by its order dated April 3, 1998 passed in Criminal Appeal No. 962 of 1996. Hence the present appeal has been filed against the order of acquittal of the aforesaid six accused persons.

(2.) Brief facts which are necessary for disposal of this appeal are that a charge-sheet was filed by Kavalande Police-Station against 17 accused persons under Sections 143, 147, 148, 341, 302 and 324 of the Indian Penal Code (hereinafter to be referred to as "I.P.C.") read with Section 149, I.P.C. Allegations were that accused 1 to 17 on March 24, 1996 at about 4.00 p.m. at Mallahalli village, Nanangud Taluk, formed an unlawful assembly with the common object to cause the death of Dasanaika, husband of P.W.1. In pursuance of such common object such assembly was formed and they were armed with deadly weapons like Chopper, iron rod, clubs and stones. All the accused persons wrongfully restrained Dasanaika and murdered him intentionally causing injuries. They also caused injuries on P.W. 4 by stone. It is alleged that there are rival factions in the village and the whole incident leading to lodging of F.I.R. is alleged to have taken place in the early hours of March 24, 1996 when P.W.1 Malligamma, went to the village well for fetching water. It is alleged that she had filled one pitcher and she was drawing water to fill the next pot, at that time Jayaraju, son of Puttamada Nayak-A-3, came there to fetch water for his bullocks. Jayaraju allowed the bullocks to take water from one pitcher filled by Malligamma. This was objected to by P.W.1. Thereupon, Jayaraju kicked the water pitcher and kicked P.W.1. However, with the intervention of other elderly women Karigamma, Nanjamma and Kempanaik, she was persuaded to go back to her house. In the afternoon at 2.30 p.m. when her husband came back from Nanjangud Court she narrated whole incident of the maltreatment given by Jayaraju to her and she asked him to lodge a complaint. But her husband went to his younger brother, Puttaswamy for consultation and thereafter they went to their elder brother, Ponnanaika. The houses of Puttaswamy and Ponnanaika are adjacent to each other. It is alleged that at 4.00 p.m. she heard some shouting and she saw her husband, Dasanaika was being chased by a group of 10 to 12 persons. They were all persons of other factions of the village and they were chasing her husband towards the house of Chairman-Dasanayaka. It is alleged that A-1, Papanaika was holding a chopper, A-2, Mahadevanaika @ Mahadeva @ Chikkavanu son of Govindanaika was armed with an iron rod and A-7 and A-8 were holding clubs and other accused persons had clubs or stones in their hands. When her husband, Dasanaika came near the house of Chairman-Dasanayaka, A-1 gave a blow by his chopper on the head of her husband and on other parts of the body. Similarly, A-2, Mahadevanaika beat her husband by means of an iron rod on different parts of the body and rest of the accused persons beat her husband with the clubs and stones. She ran towards her husband to rescue him and she raised her hands to ward off the blows on her husband; the blows fell on her right hand and caused injuries to her wrist. Her husband fell down and became unconscious. Meanwhile, one Shankar, P.W. 4, son of Ponnanaika came running to rescue her husband but he was also beaten with stones and clubs which hit his forehead and all over his body. He fell down near the house of Ramanaika and became unconscious. A report of this incident was immediately lodged at the Police-Station and on the basis of the statement of the P.W. 1, an F.I.R. was chalked out. Thereafter, Dasanaika, the injured was immediately taken to the hospital and ultimately he succumbed to his injuries. He received as many as 29 injuries on dissection of his body, 9 injuries were also found including fracture of parietal and occipital bones and fractures on the hands and feet. After necessary investigation, the police filed challan against 17 accused persons. Prosecution examined as many as 36 witnesses and got a large number of documents exhibited. The police arrested the accused persons, the chopper and iron rod were recovered at the instance of the accused persons. Out of the 36 witnesses, there are seven eye-witnesses examined by the prosecution and rest of the witnesses were to the recovery of the seized articles and the medical evidence.

(3.) The case was ultimately committed to the Court of Session and learned II Addl. Sessions Judge, Mysore after scrutinizing all the evidence came to the conclusion that so far as the guilt of the accused, A-1 to A-6, it is fully established and convicted and sentenced A-1 to undergo R.I. for one month under Section 341, for two years under Section 324 and imprisonment for life under Sections 302 read with Section 149, I.P.C. A-2 to A-6 were sentenced to undergo R.I. for one month for the offence u/S. 341, I.P.C. and imprisonment for life for the offence under Section 302 read with Sec-tion 149, I.P.C.