YANKAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of the Division Bench of the Karnataka High Court disposing of two criminal appeals i.e. one by accused Yankappa (hereinafter described as Rs. A1) who was convicted for offence punishable under Section 302 read with Section 149 of the Indian Penal Code, 1860 (in short the Rs. IPC) and the other field by the State questioning conviction by the trial Court for offence punishable under Section 304 Part I IPC read with Section 149 IPC in respect of A1 to A6. Sentence of 3 years is imposed. According to State, they should have been convicted also under Section 302 read with Section 149 IPC. Appellants 7 to 15 were acquitted by the trial Court which was challenged in the States appeal.

(2.) By the impugned judgment the High Court dismissed the appeal filed by Yankappa (A1) but allowed the States appeal to the extent that A2 to A8 were convicted for offence under Section 302 read with Section 149 IPC. They were sentenced to undergo imprisonment for life. The acquittal in respect of rest as was recorded by the trial Court was upheld by the High Court.

(3.) Factual scenario giving rise to the trial of the accused persons is as follows: