BHASKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal arises out of the impugned judgment dated 07.10.2009, passed by the High Court of Karnataka in Criminal Appeal No. 1603 of 2002, whereby the High Court has reversed the judgment of acquittal dated 17.06.2002 passed by the Sessions Judge, Shimoga, and convicted the accused-appellants under Sections 302 read with 149 of the Indian Penal Code ('IPC ).

(2.) Brief facts of the case as per the prosecution are as follows: there was prevailing animosity between the family of the deceased and the accused persons pursuant to the sale of a land owned by the accused family. On 15.11.1995, at around 10.00 A.M., the deceased was descending from a tank bund and proceeding down the footpath via paddy fields of one Guduginakoppa A.K. Nagappa. Suddenly, he was confronted by the accused-appellants, who were armed with sickles and they attacked the deceased by spraying something in his eyes. Accused-appellants, one by one, attacked the legs of the deceased. At that juncture, the son of the deceased (PW-1), i.e., the complainant, and others who witnessed the incident from a distance of around 300 feet, started running towards the deceased. The accused persons threatened the complainant party, who fled towards the village. After sometime, when the complainant party went back to the place of incident, they found the deceased grievously injured. Subsequently, the deceased succumbed to the injuries at the place of incident itself. Thereafter, a police complaint was filed on the same day at 2.30 P.M., by the complainant. Accordingly, FIR No. CR No. 115/95 dated 15.11.1995 was lodged and after completion of investigation, charge-sheet dated 31.01.1996 came to be filed under Sections 143, 147, 148, 341, 302 read with 149 of IPC. Subsequently, the case was committed to the Sessions Court.

(3.) The Sessions Judge, Shimoga vide judgment dated 17.06.2002, acquitted the accused-appellants for the offences punishable under Sections 148, 341 read with 149 and Sections 302 read with 149 of the IPC, by holding that there was no eye witness to the incident and the entire case was based on circumstantial evidence which was not proved by the prosecution beyond all reasonable doubts. However, the High Court in appeal re-appreciated the evidence available on record and reached the conclusion that the guilt of the accused-appellants is proved on the basis of medical evidence, recovery of weapons and existence of motive to commit murder of the deceased. Therefore, the High Court convicted the accused-appellants for life imprisonment under Sections 302 of the IPC read with 149 of the IPC and also imposed a fine of Rs. 5,000/- each, in default of which they shall undergo further rigorous imprisonment for a period of six months. Aggrieved thereby, the accused-appellants are in appeal before this Court.