MALLANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Sixteen accused persons were tried and by judgment ren dered by the Trial Court all of them were acquitted of the charge under Section 302/ 149 of the Indian Penal Code [IPC for short]. Against the order of acquittal the State of Karnataka filed an appeal before the High Court, during the pendency of which, Basavara Jappagouda [A-4], who was Respondent No. 4 in that appeal, died, as such the appeal in relation to him abated. The High Court considered cases of the remain ing fifteen accused persons and out of them confirmed the order of acquittal in relation to Mallinathreddy [A-8], Basureddappa [A-10], Channareddy [A-11], Sanna Chennareddy [A-12]. So far as the remain ing eleven accused persons viz., Mallanna [A-l], Lalesa [A-2], Bhimangouda [A-3], Mahboobsab [A-5], Buddesab [A-6], Khasimsa [A-7], Appasab [A-9], Sharnappa [A-13], Bapugouda [A-14], Chandappa [A-15] and Rajsekhar [A-16] are concerned, High Court reversed the order of acquittal and convicted them under Section 302/149, IPC and sentenced them to undergo impris onment for life and to pay a fine of Rs. 10, 000/- each. Before this Court the aforesaid eleven convicted accused persons preferred appeal bearing Criminal Appeal No. 298 of 2000 challenging their conviction, and dur ing the pendency of the appeal A-14 [Appellant No. 9] died, as such his appeal before this Court abated. So far as State of Karnataka is concerned, it filed an appeal by special leave against the order of the High Court whereby order of acquittal in relation to A-8, A-10, A-11 and A-12 has been con firmed which gave rise to Criminal Appeal No. 1159 of 2006. Thus, in these two ap peals cases of only fourteen accused per sons are required to be considered.

(2.) Prosecution case in short was that one Siddarma Patil, who was father of A-l and A-4, was murdered in the year 1983 in which Bhimanagowoda Desai and thirteen other persons were accused which gave rise to Sessions Case No. 47 of 1984, in which trial proceeded against the other thirteen persons and the same in relation to Bhimanagowoda Desai was separated be cause he was absconding and numbered as Sessions Case No. 83 of 1988. The afore said thirteen persons were convicted by the Trial Court and their conviction was confirmed by the High Court, against which Special Leave Petition was filed before this Court in which bail was granted and Bhimanagowoda Desai was instrumental in securing release of the aforesaid thirteen persons on bail from this Court. Bhimanagowoda Desai was granted antici patory bail and thereafter his trial proceeded and the date fixed for hearing of that case was 22.4.1989. One day prior to the afore said date, i.e., on 21.4.1989 in the after noon all the sixteen accused persons afore mentioned met at the residence of A-11 at village Hadnoor and in the said meeting A-10 stated that as Bhimanagowoda Desai had secured bail of thirteen accused persons from this Court he should be done to death. Shivashranappa [PW-10] went to the house of A-11, who was his neighbour, in the same afternoon at about 3.00 pm with an inten tion to meet A-10 and saw all the sixteen accused persons in the room and overheard their aforesaid conversation whereafter the accused persons left the house of A-11. In the same evening one Sangappa [PW-12] visited the house of one Nangouda at Shantinagar in Gulbarga town where he found that all the sixteen accused persons excepting A-8, A-10, A-11 and A-12 were talk ing and he heard their conversation in which A-4 was telling other accused persons to fin ish Bhimanagowoda Desai on the next day, i.e., 22.4.1989.

(3.) Further prosecution case was that on 21.4.1989 at 9.30 pm Bhimanagowoda Desai along with his bodyguard-Mallappa [PW-3], Bhimareddy [PW-1], Bhimaraya and Basavraja went to village Gulbarga for ap pearing in morning court at Gulbarga on 22.4.1989 in the aforesaid Sessions Case No. 83 of 1988 and stayed that night in the house of his nephew-Rudragouda [PW-2]. On the next day, i.e., on 22.4.1989 Bhimanagowoda Desai along with the afore said persons, excluding PW-2, went to court at 7.30 a.m. to appear in the said case. Thereafter PW-2 also left for the court and arrived there. Bhimanagowoda Desai was standing on the katta of Civil Judges Court and was waiting for his case to be called out. Between 7.45 a.m. 8.15 a.m. all the twelve known persons viz., A-l to A-8, A-10 to A-13 and five to six other persons arrived there, out of whom, A-l, A-2, A-3, A-6, A-7 and A-13 ran towards Bhimanagowoda Desai with jambiyas in their hands and out of these seven persons A-l, A-2 and A-3 assaulted him whereas others caught hold of him. PW-1, PW-2 and PW-3 and others tried to save Bhimanagowoda Desai who af ter receiving injuries fell down on the ground.