MALLAPPA SHIVAPPA KANKANWADI AND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants were convicted under the second part of Section 304 read with Section 35, I.P.C. and each one of them was sentenced to undergo rigorous imprisonment for 5 years in Sessions Cas3 No. 69 of 1958 on the file of the learned Sessions Judge, Bijapur.

(2.) The facts of this case can be briefly stated thus:

(3.) P.W. 18 Dundappa was cultivating R. S. No. 26/3 of Shambappa Ukli A-l Mallappa was the son-in-law and A-2 Kallappa was the nephew of P.W. 18; P.W. 18 had grown Javar crop in R. S. No. 26/3; the year 1958 was a near-famine year; therefore, there used to be lot of thefts in the village; with a view to protect the crop, P. W, 18 detailed the two accused to keep watch over the Javar crop in R. S. No. 26/3; on the night of the occurrence, i.e., 4-1-1958, the two accused were sleeping in the field in question; at about midnight, they found somebody stealing the Javar crop; it was quite dark at that time; the accused somehow managed to catch hold of the thief and gave him a good beating; later on the injured was put in a cart and brought to the village, where he subsequently died.