RUDRAPPA RAMAPPA JAINPUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This batch of appeals arises out of an incident which is alleged to have taken place on November 2, 1993 in village Utnal at about 7.00 p.m. in which one Sangondappa lost his life while several witnesses, namely PWs., 2, 3, 4, 5 and 6 received injuries at the hands of the assailants. The case of the prosecution is that there were nine persons who formed themselves into an unlawful assembly with the common object of causing the death of the deceased, and in pursuance of the unlawful object of that assembly the deceased was done to death and the prosecution witnesses abovenamed were injured.

(2.) The charge-sheet had been submitted against nine accused persons namely, Nangaouda (A-1), Appasab (A-2), Rudrappa(A-3), Siddappa (A-4), Ashok (A-5), Rannugouda(A-6), Raju (A-7), Lalsab(A-8) and Shankaragouda(A-9). However A-9 died during the pendency of the trial, but the remaining accused were tried by the IInd Additional Sessions Judge, Bijapur in Sessions Case No. 49 of 1994 charged variously under Sections 148/302/326 and 324 all read with Section 149 IPC. The learned Sessions Judge after an exhaustive scrutiny of the evidence on record came to the conclusion that the case of the prosecution as against A-5, A-7 and A-8 was not established and he, therefore, acquitted them of all the charges levelled against them. He, however, found A-1 and A-2 guilty of the offence under Section 302 IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs.500/-, in default to undergo one months rigorous imprisonment. He found A-6 guilty of the offence under Section 326 IPC and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/-, in default to undergo one months rigorous imprisonment. A-3 and A-4 were found guilty of the offence under Section 324 IPC and they were sentenced to undergo simple imprisonment for one month.

(3.) Several appeals were preferred by the accused as well as by the State of Karnataka. Criminal Appeal No. 1821 of 2001 was preferred by the State against the acquittal of A-5, A-7 and A-8 by the trial Court. Criminal Appeal No. 1829 of 2001 was preferred by the State contending that A-3, A-4 and A-6 had not been adequately punished by the Sessions Court. Criminal Appeal No. 1300 of 2002 was preferred by the State for consolidating the appeals preferred by it and against the acquittal of A-3 to A-8 of the charges under Sections 148 and 302/149 IPC. A-1 and A-2 preferred Criminal Appeal No. 1512 of 2001 against their conviction and sentence while A-3, A-4 A-6 filed Criminal Appeal No. 1402 of 2001 against their conviction and sentence.