RAZAK JINNESAB KARAJAGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Razak Jinnesab Karajagi [A-1], Jinnesab Rajesab Karajagi [A-2], Babulal Jinnesab Karajagi [A-3], Nabilal Jinnesab Karajagi [A-4] - appellants herein, have preferred this appeal under Section 2[1][a] of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction] Act, 1970 against the final judgment and order dated 03.09.2001 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. 359 of 1996. By the impugned judgment, the High Court has set aside the order of acquittal dated 03.01.1996 of the appellants passed by the learned 1st Additional Sessions Judge, Bijapur, in Sessions Case No. 109 of 1994 under Section 302 read with Section 34 of the Indian Penal Code (for short the "IPC") under Sections 201 read with Section 34 of the IPC and Section 506 of the IPC of A-2 and as a result thereof, A-1, A-2, A-3 and A-4 have been convicted for the aforesaid offences and sentenced to imprisonment for life under Section 302 read with Section 34 of the IPC and Section 201 read with Section 34 of the IPC. However, no separate sentence has been awarded so far, the offences under Section 201 read with Section 34 of the IPC are concerned and under Section 506 of the IPC, for which A-2 was separately convicted.

(2.) The prosecution case as unfolded before the trial court was that Allisab Rajesab Karajagi was a resident of Bairawadagi and A-2 is his first cousin. A-1, A-3 and A-4 are the sons of A-2. The daughter of Kashimabi - complainant [PW-1] was married to Allisab Karajagi and out of the wedlock they have got five daughters and two sons. Allisab Karajagi s parents had died. His only sister was married and living in the State of Maharashtra. Allisab Karajagi was the owner of 4 acres of dry land and one small hut at village Bairawadagi. Allisab Karajagi alongwith his wife and children had gone to Maharashtra with wishful hope of earning more income for the maintenance of the family. He had frequently been going to village Bairawadagi for looking after the agricultural pursuits and harvesting the crops.

(3.) Bismilla [PW-2] is the daughter of Allisab Karajagi. It was the case of the prosecution that Allisab Karajagi and A-1 to A-4 had some litigation over the pathway leading to their respective lands. It was alleged that in and around 1992, Allisab Karajagi had assaulted A-2 and on account of that incident, the accused persons had entertained enmity with Allisab. During harvesting season of February, 1994, Allisab alongwith his daughter Bismilla [PW-2] went to attend their lands. Kashimabi [PW-1] mother-in-law of Allisab, and her relatives are the residents of village Devarahipparagi, which is situated at a distance of about 10 kms. from the land of Allisab. The land of Allisab is situated near to village Satyal within the limits of village Bairawadagi. Allisab, has constructed a small hut on the land where he used to stay during his visits.