BHIMAPPA CHANDAPPA HOSAMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants have appealed to this Court by special leave against their conviction and sentence passed by the High Court of Karnataka at Bangalore on 26th May, 2004 in Criminal Appeal No. 1485 of 1998. The appellants were charged of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code for having committed the murder of Lakshman at about 6.00 a.m. on May 30, 1996 while he was sleeping on the 'katta' of his house. The Principal Sessions Judge, Bijapur, who tried the appellants in Sessions Case No.144 of 1998 acquitted them of the charge by his judgment and order of September 14, 1998. The trial Court held that out of the four witnesses examined as eye witnesses, two, namely- PW.8 and PW.9 turned hostile and did not support the case of the prosecution. The remaining two witnesses were PW-1, Smt. Nimbavva, mother of the deceased and PW-2, Ayyappa, the younger brother of the deceased, aged about 12 years. On an appreciation of their evidence the trial court held that PW-2 had not really witnessed the occurrence while PW-1 was not a truthful witness. The High Court on re- appreciation of the evidence on record came to the contrary conclusion that PWs. 1 and 2 were truthful eye-witnesses and on the basis of their evidence the appellants could be safely convicted of the offence punishable under Section 302 read with Section 34 IPC. Accordingly the appellants were sentenced to undergo imprisonment for life.

(2.) The case of the prosecution is that on May 30, 1996 the deceased was sleeping on the 'katta'in the outer portion of the house by the side of the road, while the remaining members of the family were sleeping inside. According to PW-1 on May 30, 1996 her husband Basappa, PW-3 woke up at about 5.00 a.m. since he had to go to Muddebihal. PW-1 and PW-2 also woke up with him. PW-3 wanted the deceased to accompany him to Muddebihal but he insisted on sleeping and stated that he will come to Muddebihal with food by 9 O' clock bus. While PW-3 left for Muddebihal, she started washing utensils at a place which was at a distance of about 2 meters from the 'katta' where the deceased was sleeping. There is evidence on record to the effect that at about 5.00 a.m. it was dark but at about 6.00 a.m. there was some light as the sun was about to rise. At about that time she noticed the three accused variously armed coming there. While appellant No.2 was armed with an axe the other two were armed with 'Jambiya'. They came saying that they will finish the deceased. In spite of her begging of them not to do so, they started assaulting the deceased. She saw that appellant No.2 gave 2 or 3 blows on the neck of the deceased while the remaining two assaulted him with their weapons on different parts of the body. According to her, the occurrence was witnessed by her younger son, PW-2 and PWs. 8 and 9, the neighbours, who had come on hearing her cries.

(3.) According to her a police havaldar came to her house after about 4-5 hours and recorded the information given by her. At about 12 noon an Inspector came who held inquest over the dead body of the deceased and took other steps in the course of investigation. The dead body of the deceased was then sent for post-mortem examination.