MALLINATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal is filed by the appellants/accused Nos.1 to 4, 10, 11 and 13, challenging the judgment of conviction and order of sentence passed by the Special Judge at Gulbarga in Special Case No.189/2010 dated 19.05.2012.

(2.) We have heard Smt. Manjula N. Tejaswi, learned counsel for the appellants through virtual hearing and Sri Prakash Yeli, learned Additional State Public Prosecutor for the respondent-State.

(3.) The genesis of the case of the prosecution are that, deceased Husanappa Doddamani belongs to scheduled caste. He was cultivating the land of PW.3- Channabasappa Patil for the last 18 -20 years on crop sharing basis. There was litigation between accused No.1-Mallinath Malage and the said Channabasppa Patil in respect of the land, where the Husanappa was cultivating the land by raising the crops like Toor, Groundnut and Wheat. On 10.01.2010, Husanappa along with his wife Parvati - PW.2, his son Sharanappa- PW.1, his daughter Jyoti - PW.4 and labourers namely, Mallikarjun, Babu Melinkeri, Chandappa Allapur, Sanganabasava were harvesting the toor crop. All of them have harvested the toor crop and took nine bags of toor to the house of Chandappa and stored there. At 3.00 p.m., they were heaping the haystack. At that time, all the accused came there by holding sticks and rods in their hands by constituting an unlawful assembly and picked up quarrel with Husanappa Doddamani and abused him by taking the name of caste. At that time, accused No.1-Mallinath Malage assaulted Husanappa on his right hand with iron rod, due to which he fell down on the ground by raising alarm. Thereafter, accused No.1 has assaulted Husanappa with iron rod on his right leg and caused bleeding injury. Accused No.10-Siddappa Malage, Accused No.11-Vaijinath Malage caught hold the hands of Husanappa and tied with a rope. Accused No.10- Siddappa Malage and accused No.3-Shatappa Malage have caught hold the legs of Husanappa and tied his legs. They have also assaulted Husanappa with iron rod on his back, trunk and caused injuries. When Sharanappa, Parvati, Jyoti, Ashok, Tarabai came and tried to rescue Husanappa, at that time, accused No.4- Shrimanth Malage has assaulted with fist. He assaulted Tarabai with iron rod on her left shoulder. Accused No.2-Dharamaraya Malage assaulted Neelamma, Accused No.5-Jagannath Malage has assaulted with stick on the back and trunk and caused injury. Accused No.12-Rachappa Malage assaulted Jyoti with stick on her back and caused injury. Accused No.13-Neelamma Malage and accused No.14 Mahadev Malage have assaulted Parvati by pushing her down. They have also kicked her. The other accused have instigated to assault Sharanappa, Husanappa and others and to take their lives. One Chandappa, Sanganna, Babu Melinakeri and Arjun Chincholi came and pacified the quarrel. Immediately after the incident, Husanappa was brought in a cart to Challakera village and from Challakera to Gulbarga in a hired jeep and he died when he was taking treatment in the Government Hospital. When Sharanappa was taking treatment in Gulbarga hospital, his statement was recorded by Aland CPI. Based on the statement recorded by CPI, a case has been registered in Crime No.05/2010. After investigation, the investigating officer has filed a charge sheet against the accused for the offences punishable under Sections 143, 148, 307, 324, 504 R/w Section 149 of IPC and also Sections 3(1) (x), 3(1) (xi) and 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'SC/ ST Act ').