MARUTI KRISHNA BHADAKE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the arguments of the learned Counsel for the appellants and the learned Government Pleader for the respondent-State and carefully perused the case records with their assistance.

(2.) THE appellants herein have been convicted for the offences punishable under Sections 302, 326, 504 read with Section 34 of ipc and sentenced to under go imprisonment for life and pay fine of rs. 3000/ each and in default of payment of fine, they shall undergo further R. I for a period of three months, for the offence under Section 302 IPC. They are further sentenced to undergo R. I. for a period of five years and pay a fine of Rs. 1000/- each and in default of payment of fine, they shall undergo further R. I for a period of five months, for the offence under Section 326 of IPC. It is further ordered that if the fine amount is recovered, the injured PW-5 Satturam shall be paid a sum Rs. 1000/ -. Further, the appellants were sentenced to-undergo r. I for one year for the offence under Section 504 of IPC.

(3.) THE case of the prosecution is that the appellants herein are the owners of the land Sy. No. 295 situated at Mole village, Taluk Athani, belgaum District and the land Sy. No. 296 measuring 1 acre 6 guntas belong to the deceased Mahadeva and his brothers Bharamu PW-1 and Satturam Bhadake. Another elder brother has got his own land and is residing separately. The appellant No. 1 is the cousin brother of the deceased Mahadeva and his brother. Appellant No. 2 is the wife of appellant No. 1. About 1 year 8 months back, the relationship between the appellants and the deceased Mahadeva and his brother was not in good terms. In between the lands belonging to the appellants and the deceased and his brother, there was a bund. Because of the dispute regarding the bund portion, the relationship was strained. Inspite of request and persuasion made to the appellants to remove the encroachment towards the bund of the land belonging to Mahadeva and his brother, the appellants have not yielded nor agreeable for that. At that stage, there is no option for the deceased Mahadeva and his brothers to refer the matter to the Village Panchayath. The Village Panchayath considered the request made by the deceased Mahadeva and his brothers and also made spot inspection and conducted private survey of the land in question before the appellants. Thereafter, after due deliberation in the matter, the Panchayath has come to the conclusion that the appellants herein have encroached the portion of the bund belonging to the deceased Mahadeva and his brothers. Accordingly, the appellants herein was directed to remove the encroached bund portion immediately, but the appellants had not taken steps to remove the encroachment portion of the bund as between them.