VIRABHADRAPPA KALLAPPA SAJJAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Both these appeals arise from the decision of the learned Session Judge Dharwar in Sessions Case No. 62/59 on his fire, Criminal Appeal No. 160/60 was filed by A-1 Veerabhadrappa Kallappa Sajjan. Criminal Appeal No. 161/60 filed by A2 Sangaya Richaya Hire math and A3 Sathappa Ningappa shelavadi. All the three accused were tried for offences under Schedule. 302, 207 and 435 read with S. 24, J.P.C. They were acquired of the offfence under S. 302/34 J.P.C. but they were convicted under the latter two provisions. For the offence under S. 201/34 J.P.C. each one of them was sendenced to suff v.rigerous imprisonment for 7 years and o pay a fine of Rs. 100/- in default to sutffer further rigorous imprisonments for 6 months. Similarly for the offence under S. 435/34 J.P.C. they were sentenced to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 100/- . In default to suffer further rigoous imprisonment for 6 months. The two substantive sentences were ordered to rum conscutively.

(2.) The prosecutioncase is that there was enquity between deceased Karsidappa Menssigo and A-1; therefore he (A-1) lock the assistance of A-2 and A-3 and the three together murdered the deceased some time in the morning of 21.1.1959 and somewhere between Gadag and Arvkurhqthi nd put the dead body of the deceased in a kadhi stack and set-fire to that stock, but before they could get away from the place, the villagers appreholded them; tiedthem to anearby tree; and sent information to the police station at Navalgund which information was received by P.W1 Hazaratsab Mahammadsab Savatnur (P.S.I.) at about 11.50 a.m. Immediately he recorded that information in the general diary of the station and rushed to the scene of ocurrance in a jeep. By the time he reached the scene of occurrence the fire had been extinguished by the villagers. He got removed the dead body which was completely charred. Then he issued an F.I.R. and proceed to investigate the case. In due time the threee accused wee charges-sheeted for the offences mentioned above.

(3.) The prosecution case rests on circumstantial evidence , no one has witnessed either the murder or the throwing of the dead body in the Kadala stack or setting fire to the same. Therefore we have to see whether the circumstances alleged by the prosecution are satisfctorily estabilished and further whether the proved circumstances are not merely consistant with the guilt of the pressed but inconsident with their innocence. The plea of the accused is one of denial. They have not only denied the commisssionof the offences with which they were charged but they have also denied the several circumstances put against them excepting the fact that they weere apprehended by the villagers of Arekarltalti at about 10.30 a.m. As mentioned earlier the accused were acquired of the charge of 'murder'. The State has not appealed against that order. Therefore the same has become final.