CHANGANANMAD AIYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused Nos. 1 & 2 in Sessions Case No. 58/2002 on the file of the District & Sessions Judge, Madikeri being aggrieved by the judgment of conviction and sentence dated 7-3-2006 wherein accused Nos. & 2 - Appellants herein have been found guilty of having committed the offences punishable under Sections 302 r/w 34 IPC and Section 307 r/w 34 IPC and sentenced them to undergo rigorous imprisonment for life and to pay fine of Rs. 5,000/- each, in default of payment of fine to undergo rigorous imprisonment for six months for the offence punishable under Sections 302 r/w 34 IPC and further sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 1,000/- each, in default of payment of fine, to undergo rigorous imprisonment for six months for the offence punishable under Sections 307 r/w 34 IPC.

(2.) The essential facts of the case leading up to these appeals with reference to the rank of the parties before the learned Sessions Judge are as follows:

(3.) P.W. 15 - Santhoshkumar was working as Circle Police Inspector at Kutta Circle and Srimanagala Police Station comes within the jurisdiction of Kutta circle. On 28-4-2002 at about 5.00 p.m. he received wireless message that one person by name Aiyappa (accused No. 1) shot dead one Thammaiah at Tharalu village and accordingly himself and P.W. 16 rushed to the police station. On verification it was revealed that complaint was lodged in Srimangala Police Station and the case was registered in CrimeNo. 32/2002 for the offence punishable under Section 302 IPC. Immediately, he along with the staff - PSI (P.W.16) rushed to the spot and when he went to the said spot at 9.30 p.m., they found the dead body of Thammaiah by the side of the road with gun shot injuries. They found the tractor trailer was loaded with firewood on the spot and near the same, empty cartridges and wad materials fallen to the ground. Since it was dark night, to safeguard the spot, he deputed his staff and to search for the accused, he camped at Birunani village and he deputed his Police Sub Inspector to trace out the absconding accused. On 29-4-2002 at about 7.00 a.m. he visited the spot along with his staff and conducted inquest mahazar in the presence of the panchas - Ex.P-12. He also collected blood stained mud, sample mud. wad, three empty cartridges and since the pellet came into the contact with the trailer which hit the trailer, the same was recovered and they were sealed and packed. He also seized blue coloured Hawai chappal of the deceased- Thammaiah @ Dali and sent the dead body along with his staff to the medical officer - P.W.4 for conducting post mortem examination. He recorded the statement of the witnesses. After the post mortem examination was conducted, the police constable produced the cloths of the deceased i.e., one pant, shirt and one undergarment which were on the body of the deceased and the same were seized under mahazar Ex.P-8. He returned to the police station and the Sub-Inspector - P.W. 16 had arrested accused No. 2 and produced before him. He interrogated and enquired with her and recorded the voluntary statement of accused No. 2 and produced her before the Court along with remand application. On 30-4-2002 he came to know that accused No. 1 had surrendered before the Virajpet Court and after knowing the same, he moved an application before the Court to give him custody of police for a period of two days and accused No. 1 was given to the police custody. After securing the presence of accused No. 1, he enquired and interrogated him and accused No. 1 gave his voluntary statement as per Ex.P-13 and on the basis of voluntary statement, he had led them to Tharalu village to the uncultivated land where the accused have hidden the weapon of attack i.e., gun - M.O.4 and the same was seized under mahazar Ex.P-14. Thereafter accused No. 1 led them to his house and produced relevant documents pertaining to the gun and the same was seized under a separate mahazar - Ex.P-15. He also seized blood stained cloths of accused No. 1 i.e., one full shirt and one jeans pant as per M. Os.6 & 7 and undergarment as per M.O.8 and recorded the statement of the witnesses. On 1-5-2002 the complainant produced the blood stained cloths i.e., one shirt which was blood stained and which contained holes of pellets and the same was seized under mahazar - Ex.P-5. He recorded the statement of injured Chippanna - P.W. 17. He had requested the PWD authorities to give the sketch of scene of offence and he received the rough sketch of the scene of offence as per certificate - Ex.P-17 from P.W.24 - Assistant Executive Engineer. Thereafter, he obtained sanction order from the District Magistrate. Kodagu as per Ex.P-9. He obtained gun licence pertaining to accused No. 1 as per Ex.P-18 from the District Magistrate. Kodagu - P.W-10 and after completing the investigation, filed charge sheet on 24-6-2002 against accused Nos. 1 & 2 of having committed the offence punishable under Sections 302, 307, 114 r/w 34 IPC and Sections 25 and 27 of the Indian Arms Act. The case was committed to the Sessions Court and numbered as Sessions Case No. 58/2002. The learned Sessions Judge framed charges against accused Nos. 1 & 2 of having committed the offences punishable under Section 307 r/w 34 IPC and Section 302 r/w 34 IPC and against accused No. 2 of having committed the offence punishable under Section 114 IPC and against accused No. 1 of having committed the offence punishable under Sections 25 & 27 of the Indian Arms Act. Both the accused pleaded not guilty and claimed to be tried.