DURGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Appeal No.100276/2016 has been preferred by accused Nos.2 to 5, 7 to 9, 11 to 20 and 23 to 26, Criminal Appeal No.100345/2016 has been preferred by appellant-accused No.1, Criminal Appeal No.100253/2016 has been preferred by accused No.10, Criminal Appeal No.100193/2018 has been preferred by accused No.21, challenging the judgment of conviction and order of sentence and Criminal Appeal No.100128/2017 has been preferred by the State challenging the sentence passed by I Additional District and Sessions Judge, Bellary in S.C.No.55/2008.

(2.) We have heard the learned Senior Counsel Sri.C.V.Nagesh on behalf of all the appellants and appellants' counsel and the learned Special Public Prosecutor Sri.L.S.Sullad for the respondent-State. It is reported that appellant-accused No.17 in Criminal Appeal No.100276/2016 has expired. The case as against him is abated.

(3.) The genesis of the case of the prosecution in brief is that on 1.9.2006 a dispute arose between two communities i.e. on the one side Lingayath community and on the another side Nayak community. The main cause for the dispute was in respect of taking of the canal water and on that day a galata took place. In the said galata one Sanna Sunkanna of Nayak community was murdered. In that light, a case was registered in Crime No.63/2006 as against Lingayat community people and a counter complaint was also filed by the Lingayath community people in Crime No.64/2006 as against Nayak community people. In those cases, after investigation the charge sheet was filed. In the case filed as against the Lingayath community people, the accused persons were released on bail, due to which the people of Nayak community were not happy and were dissatisfied. In that light, all the accused persons belonging to Nayak Community conspired in the house of accused No.5 with an intention to take away the life of the Lingayath community people. In pursuance of said conspiracy, on 9.11.2007 at about 7.45 p.m. by constituting unlawful assembly by holding lethal weapons they came in front of the house of Ramana Gouda, from among them accused Nos.1 to 17, 19 and 26 trespassed into the house of Ramana Gouda and assaulted him with lethal weapons. At that time, the wife of Ramana Gouda- Smt.Susheelamma screamed for help. The accused Nos.16 and 25 closed her mouth and caught her tightly by pressing her to the wall. It is further alleged that accused No.3 Kallappa assaulted Ramana Gouda with a chopper, accused No.4 Chandra assaulted Ramana Gouda with a chopper, accused No.12 Mallaiah assaulted Ramana Gouda with chopper, accused No.13 Ramu @ Ramanna assaulted Ramana Gouda with a stick. As a result of the assault, Ramana Gouda suffered grievous injuries and fell down in a pool of blood. Accused No.3 Kallappa picked up a pounder (Onake) from the hand of accused No.9 Eranna and gave a blow on the head of Ramana Gouda. Though the complainant Smt.Susheelamma tried to rescue the deceased, accused No.4 Chandra assaulted her with a chopper on her left hand. Accused No.7 Nandihalli Mallaiah and accused No.17 Sunkanna along with accused No.3 Kallappa trespassed into the house of Smt.Rathnamma and assaulted her husband, Sanna Mallana Gouda and brought him by dragging to the house of complainant Susheelamma by telling that if they are alive, they will not get canal water. Accused No.3 assaulted Sanna Mallana Gouda with a chopper, accused No.13, 16 and 17 assaulted him with sticks, accused No.19 assaulted with a chopper on the head of Sanna Mallana Gouda and also on his face and other parts of the body. Due to the assault, he fell down in a pool of blood. When Rathnamma tried to rescue the deceased, accused No.4 assaulted her with chopper, accused Nos.7 and 25 also assaulted her with a chopper, as a result, she suffered with grievous injuries. By seeing the same, one Palaksha Gouda came on hearing the galata. The accused persons with an intention to kill him, accused No.12 assaulted him with a chopper, accused Nos.1 and 2 assaulted Palaksha Gouda with sticks, accused No.19 Somalinga assaulted Palaksha Gouda with a chopper on his head and caused grievous injuries. In the meanwhile Hampamma came to rescue. She has also been assaulted by accused No.14 with a chopper. It is further alleged that accused Nos.18, 20, 21, 22, 23, 24 and 26 being armed with deadly weapons, threatened them by abusing with filthy language. Thereafter, the accused persons told that they had finished Sanna Mallana Gouda and Ramana Gouda. There was hue and cry at that place, thereafter the accused persons left the place. Immediately, the injured were shifted to VIMS Hospital, Bellary. Therein, the doctor declared Ramana Gouda and Sanna Mallana Gouda as dead and the statement of injured complainant Smt.Susheelamma was recorded and on the basis of the said statement, a case has been registered in Crime No.107/2007. Thereafter, the investigation was conducted and a charge sheet has been filed as against the appellants-accused. The learned Magistrate took the cognizance and after following the procedure laid down under Sections 207 and 209 of Cr.P.C. the case was committed to the Sessions Court. The learned Sessions Judge took the cognizance and secured the presence of the accused. After hearing the learned Public Prosecutor and the learned counsel for the accused, charge was prepared, read over and explained to the accused. Accused pleaded not guilty, they claim to be tried and as such the trial was fixed.