BORAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is by accused 1 to 3 in S.C. No. 11/1997 dated 13th July 2005 on the file of II Additional Sessions Judge, Tumkur.

(2.) THE Pavagada Police charge -sheeted the accused 1 -Borappa, accused 2 -Jogappa, accused 3 -Kempaiah and accused 4 -Chikkamma for an offence punishable under Sections 447, 324, 506 and 302 read with Section 34 of the Indian Penal Code.

(3.) CASE of the prosecution is that accused No. 1 and the husband of P.W. 1 Yajanian Kempaiah are the brothers. Accused 2 and 3 are the sons of accused 1. Accused 4 is the wife of accused 1. P.W. 1 -Sakamma and P.W. 7 -Govamma (wile of the deceased -Jogappa) are the sisters and P.W. 10 is the father of P.W. 1 and P.W. 7. There was a dispute in respect of land bearing Sy. No. 279/2 situated at Bydanur GoIlarahatti Pavagada taluk. P.W. 1 was claiming that her mother had executed a registered sale deed in her favour transferring 1 acre of land out of Sy. No. 279/2 and the said land was being cultivated by her for about one year prior to the incident. Accused were claiming that the said portion of the land belongs to them. On 1 1.7.1996, while P.W. 1, P.W. 7 and P.W. 10 were in the land for sowing purpose, accused 1 to 4 holding clubs in their hand trespassed into the land and accused 1 assaulted with the club on the left and right shoulder, left leg of the deceased Jogappa; accused 2 hit on the left leg of P.W. 1; accused 3 assaulted with the club on the right thigh, right palm of P.W. 10. By that time/ P.W. 8, P.W. 9, P.W. 2 came to the spot. P.W. 9 and P.W. 8 took the injured P.W. 1, P.W. 7. P.W. 10 and deceased Jogappa to the hospital, P.Ws. 1, 7 and 8 were treated, at Community Health Centre. Pavagada at about 1.00 p.m. to 1.10 p.m. On 1.1.7.1996, deceased was taken to NIMHANS Hospital, Bangalore, where he was treated, however, he succumbed to the injuries at about 12.40 p.m. on 13.7.1996. The NIMHANS Hospital authorities had informed the local Police Station viz., Wilson Garden Police Station, Bangalore, as to the death of Jogappa at 12.40 p.m. P.W. 13 -Head Constable was deputed to take the body of Jogappa for postmortem, P.W. 13 went to NIMHANS Hospital, conducted inquest, as per Ex. P5 and sent, the body for postmortem. P.W. 12 -Doctor conducted the post -mortem and issued postmortem report as per Ex. P10.