SANGANAGOUDA A VEERANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the parties.

(2.) Six accused all police personnel, A1 Sanganagouda Ayyanagouda Veeranagouda, Sub-Inspector of Police and A2 Chandrappa Basappa Komara, A3 Basavaraj Kadiyappa Aramani, A4 Kalakappa Gulappa Hosamani, A5 Eswarappa Rainappa Gowari, A6 Virupakshappa Shidramappa Narthi, Constables were put to trial before the trial court for the offence under Sections 330/348/201 IPC. The trial court after concluding the trial acquitted all the accused. On appeal being preferred by the . State, the High Court acquitted one of the accused and convicted the five appellants before us under Section 330 and sentenced them to six months RI. The High Court also found all of them guilty under Section 348 IPC and sentenced them three months RI. Both the sentences were directed to run concurrently. Aggrieved thereby, this appeal has been preferred by special leave.

(3.) The prosecution case in brief is that in connection with FIR case Crime No. 168 of 1988 for an offence under Section 302 IPC the deceased Guddappa was arrested on 19.10.1988 on the direction of Al by A2 to A5 and deceased expired by hanging in the Police Station on 20.10.1988. He was taken to hospital and died on the way. An enquiry was conducted by SDM with regard to the cause of death of the deceased and the report was submitted on 31.10.1983. Pursuant to the report an FIR was lodged on 6.11.1988 where all the accused were named. Thereafter, charge was framed against the appellants under Sections 330/348/201 as aforesaid. PW.17 Dr. Devadas P.K. conducted the postmortem and found the following injuries :