SHANKERGOUNDA AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Appellants, who are six in number, have been acquitted by the learned trial Court from the charge Under Section 302 read with Section 149 of the Indian Penal Code, 1860 (for short "IPC"). In appeal by the State, the High Court of Karnataka by the impugned judgment has reversed the acquittal and convicted the accused Appellants of the offence Under Section 302 read with Section 149 Indian Penal Code. They have also been convicted for lesser offences which would not be necessary to be specifically noticed. For the offence Under Section 302 read with Section 149 Indian Penal Code for which the accused have been convicted, they have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each. Aggrieved, this appeal has been filed by the convicted accused. The prosecution case, in short, is that the deceased Basayya was involved in a criminal case involving the murder of the brother of the first accused. He was acquitted in the said case. The relation between the parties, therefore, was inimical. After his release from prison the deceased was staying with his mother Basamma (P.W. 1). On the day of occurrence i.e. 25th October, 1998, the deceased was taken to work in the land of one Pampanna (P.W. 2) and Jambanna (P.W. 3). In the afternoon, at about 4 - 4.30 p.m. the deceased followed by P. Ws. 2 and 3 were returning from the place of work. According to the prosecution, on the way at Kudrimoti cross the deceased was accosted by the accused who inflicted several injuries on him by means of a knife, iron rod and clubs/lathies. Thereafter the accused persons chased P. Ws. 2 and 3 and in the process injured Jambanna (P.W. 3) and his mother Chennamma (P.W. 4) who had come to rescue her son. Pampanna (P.W. 2) managed to extricate himself and lodged a verbal information with the Bevoor Police Station. Thereafter, it appears that the injured (deceased Basayya) along with the injured P.W. 3 was taken to the hospital but before medical aid could be rendered to the injured Basayya he had succumbed to his injuries.

(2.) Subsequently, Basamma (P.W. 1.) lodged an FIR on the basis of which investigation was carried out and charge-sheet was submitted against the accused who were committed for trial. As the accused Appellants pleaded not guilty to the charges framed, the prosecution examined 21 witnesses and also brought on record certain documentary evidence. At the conclusion of the trial, the accused Appellants were acquitted by the learned trial Court which has been reversed by the High Court in appeal, as already noticed.

(3.) We have heard the Learned Counsels for the parties.