SAMGHAJI HARIBA PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 arises out of a judgment and order dated 16th September, 2005 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.936 of 1999 whereby and whereunder an appeal preferred by the State of Karnataka against a judgment and order of acquittal passed by the trial court was allowed.

(2.) Appellant herein along with three others was accused of commission of an offence punishable under Sections 302, 307, 504 read with Section 34 of the Indian Penal Code (for short, 'IPC'). They were acquitted by the learned Trial Judge. On an appeal preferred by the State of Karnakata, the High Court set aside the said judgment and order, convicting the appellant herein for commission of an offence under Section 302 IPC. The High Court has further held all the accused to be guilty of commission of an offence under Section 307 IPC for causing injuries to P.W.2-Bhaganna. The accused Nos. 1 to 3 were also convicted for an offence punishable under Section 307 IPC for causing injuries to P.W.3, as also for causing injury to P.W.4. No separate sentence, however, was awarded for offences punishable under Section 504 read with Section 34 of the Indian Penal Code.

(3.) The deceased and the accused No.1 Ningappa Bhaganna Padagaon belonged to the same village. Accused No.1 had no bullocks of his own. He allegedly borrowed the bullocks of Appellant. On 16.12.1997, while ploughing his own land, he allegedly started ploughing the land of the deceased to which he objected. P.W.2 his son, Bhaganna, P.W.3 his wife, Tangawwa and P.W.4 his daughter, Mayavva, were said to be present at that place. The incidence, allegedly, took place at about 3.00 p.m. A quarrel ensued, whereupon all the four accused are said to have assaulted the deceased. Appellant is said to have assaulted him with a hammer. P.Ws.3 and 4 were also said to have been assaulted by the other accused with bamboo sticks. Seeing the assault Kusumavva, daughter of the deceased allegedly cried for help, whereupon, the accused persons are said to have left the sticks and hammer at the spot and ran away. Some alleged independent witnesses P.W.14, Mallappa and P.W.15, Rawa Sab, were also said to be present at the spot. The distance between the place of occurrence and the police station which is situated in the town of Athani is said to be about 5 to 5 kms. P.W.5, allegedly, boarded a jeep, which was presumably being run as a taxi, went to the police station and informed about the incident to P.W.11-Nagaraj, a PSI attached to the said police station. No First Information Report was, however, lodged by him thence. The injured, allegedly, were lying unconscious for a period of about three hours. P.W.11 came to the spot and shifted all the injured persons to the Government hospital. Murugappa, the deceased, succumbed to his injuries at about 5.15 p.m on the same day. The First Information Report in relation to the said incident thereafter was lodged by P.W.2.