STATE OF KARNATAKA Vs. MARUTHI

JUDGEMENT

(1.) For committing the murder of Bandappa s/o. Hanmanthappa the four accused persons, namely, Maruthi (A-1), Gundappa (A-2), Shankar (A-3) and Bhimanna (A-4) were put up for trial in Sessions Case No. 48/1978 for an offence punishable under Section 302/34, I.P.C. The Additional Sessions Judge by his judgment and order dated February 7, 1980 convicted A-1 and A-4 for the said offence and sentenced them to suffer imprisonment for life but however, acquitted A-2 and A-3 of the said charge. A-1 and A-4, two convicts preferred Criminal Appeal No. 105 of 1980 to the High Court of Karnataka at Bangalore challenging their order of conviction. The State of Karnataka also filed Criminal Appeal No. 399 of 1980 challenging the order of acquittal in respect of A-2 and A-3 passed by the trial Court. Both the appeals were heard together and the High Court by its common judgment and order dated March 13, 1981 allowed the Criminal Appeal filed by the two convicts and set aside the order of their conviction and sentence and acquitted them of the said charge. The Criminal Appeal filed by the State of Karnataka came to be dismissed. The net result, therefore, is that all the four accused stood acquitted. The State of Karnataka has filed these Criminal Appeals by Special Leave in this Court against this judgment and order of acquittal passed by the High Court.

(2.) The prosecution has unfolded its story at the trial as under: It is not disputed that Bandappa (since deceased), A-1 and A-2 owned agricultural lands adjacent to each other. A water canal passed from the katta which demarcated the lands of Bandappa and A-1 and A-2. It was alleged by the prosecution that on 30-6-1978 at about 9 a.m. Bandappa came to the field along with his daughter Narsamma (PW 16). She ramained busy in grazing her cattle whereas Bandappa was uprooting the shrubs on the boundary line of his land. A-1 to A-4 were then sitting in their lands. At about 11.30 a.m. all the four accused picked up a quarrel with Bandappa and questioned him as to why he was digging the boundary line. Suddenly A-1 and A-2 advanced towards Bandappa who was then working in his land and thereafter started abusing him. A-1 was carrying an axe, whereas A-4 was having a stick in his hand. A-2 and A-3 exhorted A-1 and A-4 to teach a lesson to Bandappa. It was alleged by the prosecution that thereafter A-1 caused a blow with his axe on the vital part of Bandappa causing him bleeding injuries. When Bandappa fell down A-4 assaulted him with a stick. Sensing danger to his life Bandappa told his daughter Narsamma (P.W.16) to go and call his brother Siddappa. Accordingly, she went to the village and told about the assault to Siddappa, her mother and other relatives. All the relatives of Bandappa along with Narsamma (PW 16) came to the place of occurrence. It was further alleged by the prosecution that three cow boys, namely, Kalappa (P.W.12), Sonama (P.W.13) and Raju (P.W.14) who were grazing their cattle in the nearby field, on hearing the quarrel between Bandappa and A-1 and A-4, came near the land of Khane Moddi and witnessed the entire assault from the karkhani where jaggery out of sugarcane was being prepared. Sidappa (P.W.11) after noticing serious bleeding injuries on the person of his brother went to the police station to lodge the FIR. The Station House Officer on duty recorded the First Information Report at about 3.30 p.m. on the same day. The Circle Inspector of Police Sri P. N. Puthlikar (P.W.18) along with other police officers went to the place of incident and commenced the investigation. After holding the inquest on the dead body of Bandappa it was sent to the Civil Hospital at Bidar for post-mortem examination. He recorded the statements of various witnesses including that of three cow boys during the early hours of July 1, 1978. During the investigation the accused came to be arrested and while in custody they made statements which led to the recovery of certain incriminating articles. After completing the investigation all the four accused were put up for trial for the aforesaid offence.

(3.) In order to bring home the guilt of the accused persons the prosecution relied upon the evidence of three eye-witnesses (cow boys) and the evidence of Narsamma (P.W.16). Sidappa (P.W.11) was the first informant. Dr. Veerabhadrayya (P.W.21) was examined to prove the injuries on the dead body of Bandappa and the cause of his death. In addition to the above evidence the prosecution also examined formal witnesses and relied upon the recovery of certain incriminating articles.