MANIK IRAPPA ALAVANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been preferred by the appel lants-accused Nos.1 and 2 chal lenging the judgment of conviction and order of sentence dated 20.07.2017 passed by the learned IX Addl. Sessions Judge at Belagavi in S.C. No. 402/2009 wherein accused Nos. 1 and 2 have been convicted and accused No. 3 has been acquitted of the charges leveled against him.

(2.) We have heard the learned counsel Sri K.L. Pati l on behalf of Sri K.S.Pati l and Sri Sadanand M.K. for the appellants-accused so also we have heard Sri V.M. Banakar, learned Addl. SPP for the respondent-State.

(3.) The brief facts of the case of the prosecution are that, one Basavanni was the brother of accused No.1. Agricultural land bearing R.S. No. 162/1A situated at Hire- Munovall i vil lage is jointly standing in the names of Basavanni, accused No.1 and their brothers. A bore well was also existing in the said land. It is al leged that there was a dispute between the said Basavanni and the accused No.1 for taking the water from the bore well. In that l ight, on 14.08.2009 at about 5 p.m. when Basavanni and his son, the complainant had been to the land which had been fallen to the share of accused No.1 for watering the land from the bore well, al l the three accused persons picked up quarrel. Accused No.2 assaulted the complainant by sickle and attempted to commit his murder whereas accused Nos.1 and 3 assaulted Basavanni by a sickle and stick respectively and caused fatal injuries and committed his murder. On the basis of the complaint a case has been registered by the Pol ice in Crime No. 141/2009 and proceeded with the investigation. Upon conclusion of the investigation charge sheet came to be filed. The case was committed to the Sessions Court. Learned Sessions Judge after hearing the learned counsels for the parties framed the charge and read over and explained to the accused wherein the accused pleaded not gui lty and claimed to be tried. As such, the trial was fixed.