ANNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) All these appeals are disposed of by a common judgment as they arise from the judgment dated 28.09.2015 in S.C.No.332/2010 on the file of Addl. District and Sessions Judge, Belagavi, sitting at Gokak. The Trial Court held accused No.1 to 5, 7 to 14 and 16 to 22 guilty of the offences punishable under Sections 114, 120, 143, 148, 302, 504 and 506 r/w 149 ofiPC and Section 25 (1)(B) and Section 27 ofindian Arms Act and sentenced them, the major punishment being life imprisonment for the offence of Section 302 IPC. Accused 6 and 15 died during pendency of the trial.

(2.) Criminal Appeal 100202/2015 is filed by accused No. 7, 9, 14, 17 and 21. Criminal Appeal 100232/2015 is filed by accused No.1, 2, 5, and 8. Criminal Appeal No.100247/15 is filed by accused no.16. Criminal Appeal No.100233/15 is filed by accused No.3,4,10,11,12,13,18,19,20 and 22. The first informant has preferred criminal appeal 100225/15 under Section 372 of Cr.P.C. seeking enhancement of sentence, according to him the accused should have been sentenced to death.

(3.) Ex.P.1 is the first information made by Umesh Sidlingappa Kumbar. He reported to the police about the incident that took place on 25.6.2010 at about 9.00 p.m. According to Ex.P.1, one Basappa Channappa Koujalagi, Ravi Sidlingappa Kumbar, Mallappa Balappa Hattiholi, Shrishail Bhimappa Wali, who were the elderly people of Lingayath community, were sitting in front of the shop of one Mahesha. About 18 persons (whose names are mentioned in Ex.P.1) came to that place and attacked them. They first sprinkled chilli powder at them and when those four persons tried to escape from that place, they were all chased and assaulted severely with eligepatti, sickle, clubs and jambe. This incident resulted in death of three persons viz., Ravi Sidlingappa Kumbar, Mallappa Balappa Hattiholi and Basappa Channappa Koujalagi.