VISHWANAHT SHANTHAMALLAPPA DHULE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Karnataka High Court in Criminal Appeal No. 555 of 1980 whereby it confirmed the conviction of the appellants under Section 302 read with Section 34, IPC recorded by the Sessions Judge, Bijapur in Sessions Case No. 29/80.

(2.) The prosecution case was that on 3-12-1979, at about 8.30 or 9.00 a.m., while deceased Baburao and his son Sharanappa were proceeding from their house to their field carrying food for their father who was staying in the field and when they were passing through the field of Suleman, the appellants along with three others assaulted Baburao. Appellant No. 2 gave a blow with an axe on the neck of the deceased as a result of which he fell down and soon thereafter died. On seeing this assault on his father Sharanappa, who was then a child of about 5 years, ran away towards the village. P.W.4 Bhimashankar, who was returning from his field to the village, saw this assault on the deceased who was distantly related to him. He raised a cry whereupon the accused ran away. He went near Baburao and found that he was already dead. He started weeping and proceeded further towards the village. On the way he met Irappa (PW5). Irappa asked him why he was weeping. P.W.4 told him that accused persons had killed Baburao. On the way he also met one Shivagondappa P.W.6 and informed him also about the assault on the deceased by the accused. He thereafter went to the house of his uncle Guralingappa P.W.8 and informed him about the incident. He then along with other relatives went back to the place where Baburao was lying dead. P.W.3 father of the deceased then requested P.W.8 to go and lodge a complaint with the police. He reached Police Station at Indi situated 30 kms. away from that village and lodged his complaint. After completing the investigation the police charge-sheeted all the five accused. The trial Court convicted appellants Nos. 1 and 2 only for the offence punishable under Section 302 read with Section 34, IPC. The other accused were acquitted. In convicting the appellants, the trial Court relied upon the evidence of P.W.4 Bhimashankar, which received corroboration from the evidence of P.W.5 Irappa and P.W.6 Shivagondappa.

(3.) The High Court after reappreciating the evidence found that the evidence of P.W.4 was quite reliable as no infirmity appeared in his evidence. The High Court also found that his evidence was fully corroborated by the evidence of P.W.6. It, therefore, confirmed the conviction and dismissed the appeal.