RUDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals are by the accused Nos. 1 to 10 against the judgment in S.C. No. 10/2005 dated 16th June, 2006 on the file of Addl. Sessions Judge, Fast Track Court-II, Davangere.

(2.) Criminal Appeal No. 1607/2006 is by accused Nos. 9 and 10. Criminal Appeal No. 1770/2006 is by accused Nos. 1 to 8. Accused were charge-sheeted for an offence punishable under Sections 143, 148, 504, 302, 307, 324, 323 read with Section 149 of IPC.

(3.) Brief case of the prosecution is that, accused, deceased and the injured are all residents of Bangarakkanagudda village. Accused Nos. 1 to 7 are the brothers, accused No. 8 is the son of accused No. 5, accused Nos. 9 and 10 are the sons of accused No. 14, accused No. 12 is the brother-in-law of accused No. 1 (sister's husband), accused No. 11 is the son of accused No. 16, accused No. 13 is the son of accused No. 12 (deceased) and accused No. 15 is the son of accused No. 3. All accused Nos. 1 to 16 are related to each other. Accused No. 2 was running a fair price depot in the village and he had closed the same about 1 year 5 to 6 months back. He was not distributing food grains regularly and properly. In this regard villagers had made a complaint to the Tahsildar and Tahsildar, had permitted C.W. 35 to open another fair price depot and further permitted him to sell the food grains. Accused No. 3 was the Chairman of Betterment Committee of the School for about two months and he was performing pooja in the village temple. Accused had developed an ill-will and enmity against the deceased and injured, as the accused were under the impression that on account of the deceased and the injured, the fair price depot of accused No. 2 was closed. On 3-10-2004 deceased along with C.W. 2-Ramachandrappa C.W. 4 Shavanna C.W. 5-Srinivas and C.W. 1 Vasanna about 8 persons had gone to purchase a sheep and in this regard, C.W. 2 had settled the price of the sheep for Rs. 2,600/- and had paid an advance of Rs. 100/-. Accused came there and picked up a quarrel, by saying that they wanted to take the same sheep. In this regard at about 10 a.m. in front of the house of one Kotrappa, all the accused came shouting in filthy language armed with deadly weapons in a tractor trailer, they insulted Marappa and provoked them and assaulted Marappa, Jagadish, Basavaraj alias Rajappa and assaulted P.W. 1 Maranna, P.W. 8 Shavanna, P.W. 9 Vasanna and P.W. 27 Ramachandrappa, Marappa was assaulted by accused Nos. 1, 2, 5, 6, 13 and 16. He died on the way to hospital. Deceased Jagadish and Basavaraj suffered grievous injuries and they were shifted to bigger hospital. Deceased Basavaraj was assaulted by A-1, A- 2, A-3, A-4, A-7, A-8, A-9, A-11 and A-12. Injured Ramachandrappa was assaulted by A-1, 2, 3, 7, 10, 11, 12, 14 and 15. P.W. 1 (C.W. 3) injured gave a complaint to the Police. Police came to the spot and thereafter conducted the inquest and shifted the body to the hospital for post-mortem. Jagadish, who was injured, died on 6-10-2004 and Basavaraj alias Rajappa died on 9-10-2004. Police registered the case for the offence punishable under Sections 143, 147, 148, 504, 302, 307, 323, 324 read with Section 149 of IPC.