THIPPANNA Vs. STATE

JUDGEMENT

(1.) This is an appeal against the conviction and sentence passed on the appellant by the Sessions Judge, Raichur, in SC No.9/8 of 1968. The appellant has been found guilty of the offence under Ss.324 and 302 IPC. and has been sentenced to one year's rigorous imprisonment under S.324 IPC. and for imprisonment for life under S. 302 IPC. both the sentences to run concurrently.

(2.) The accused Thippanna, deceased Gundappa and the injured Marappa are the residents of the locality of Beeron Quilla, Raichur. The house of the accused is near the top of the hillock and the houses of the injured Marappa and the deceased Gundappa and other persons are near the hillock on a lower leve. There is also a Hanuman temple on tha top of the hillock and there is a street light in front of the said Hanuman temple. Marappa has an unmarried sister by name Nagamma. Marappa and his younger brother Gaddeppa and their parents all reside in the same house along with their sister. The incident took place on 15-12-1967 at about 7-30 P.M. in front of the house of the appellant. The appellant is alleged to have caused the death of Gundappa by stabbing him with a knife on his chest and back and also inflicted injuries on Marappa by means of a knife. According to the prosecution, the accused and some of his relatives had gone to the house of Marappa and ask for the hand of Nagamma in marriage to the sister's son of the appellant and the parents of Marappa told the appellant and his relatives that he would consider the matter after consulting their other relatives. Thereafter, about 7 or 8 days later, the appellant and some of his relatives again went to the house of Marappa to enquire about the decision from the parents of Marappa in regard to their request. At that time also, the parents of Morappa told the accused and his relatives to wait for some time since they had to consider the proposal in consultation with their children. Then, the appellant and his relatives returned from the house of Marappa.

(3.) On the morning of the date of the incident which was a Friday, according to the prosecution, the appellant and his sister and one Narasappa again went to the house of Marappa and questioned the parents of Marappa as to why they had not given their consent to the marriage of Naeamma to the sister's son of the appellant and quarrelled with them. At that time, the appellant and Marappa quarrelled with each other and beat each other. But the persons who had assembled there, intervened and pacified them. The appellant and his sister and other relatives of his returned to their houses. In the evening at about 6 or 6-30 P.M Marappa returned from his work to his house and at that time he saw his younger brother Gaddeppa and his mother and sister talking with the deceased Gundappa. Marappa took a 'lota' and went outside his house for answering calls of nature and proceeded towards the house of the appellant where the people of the locality usually go for answering calls of nature, i.e., behind the house of the appellant near the boulders. When Marappa was returning from that place, and when he was passing in front of the house of the appellant, he saw the appellant on the katta of his house and told the appellant that there was no use of quarrelling regarding his sister's marriage and if there was anything to be discussed, the appellant can come to his house and talk with him. Thereupon, it was stated that the appellant went inside his house and brought a knife with him and asked Marappa what he had to say and that at that time, the appellant as well as Marappa exchanged hot words and thereafter the appellant gave a knife blow on the chest of Marappa, and that Marappa after receiving that blow with the knife, was about to fall down crying and it that time the appellant gave another blow with the knife on the abdomen of Marappa and Marappa fell down on the ground crying. It is also the case of the prosecution that this happened at about 7 or 7-30 P.M. and that at that time, the light was burning near the Hanuman temple and it was a full moon night, and that the appellant and Marappa were exchanging hot words, and after hearing the galata, Gaddeppa, Marappa and deceased Gundappa came out-from the house and ran towards the katta of appellant's house and other persons ran towards that side. When Marappa fell down after receiving the injuries, the deceased Gundappa bent down to see Marappa and at that time the appellant gave a blow on the neck of the deceased Gundappa and after receiving the blow, Gundappa tried to get up, but the appellant again gave a blow on the chest of the deceased and thereafter the deceased Gundappa fell down on the ground. The presecution witnesses who were assembled there seeing this incident tried to apprehend the accused, but the accused at that time inflicted some injuries on his own leg and tried to jump from the katta of his house, and while jumping he fell down into a ditch in iront of his house and at that time the knife which he was holding slipped away from his hand and thereafter, the witnesses apprehended the accused and Gaddeppa the younger brother of Marappa took out the knife and all the persons took the accused to the police station at Sadar Bazaar. Raichur and produced the accused before the Sub-Inspector- of Police. Gaddeppa the younger brother of Marappa produced the Knife and the Sub-Inspector of Police along with the Circle Inspector of Police seized the blood-stained knife and blood-stained clothes of the accused under a panchaaama and sent the accused to the Civil Hospital, Eaichur, for treatment. The witnesses and the persons who had assembled at the place of the incident, seeing Marappa and Gundappa with bleeding injuries, took these two persons in a riksha to the Civil Hospital, Raichur and admitted them, but Gundappa who had received grievous injuries on his person died, and Marappa was treated as an inpatient. The police after receiving the report of the death of Gundappa, the next day reached the Civil Hospital, Raichur, and conducted the inquest proceedings and seized the blood-stained clothes of the deceased and sent the dead body for post-mortem examination and thereafter the police conducted the spot mahazar and seized the blood-stained earth from the scene of offence, and thereafter sent the blood-stained knife, blood-stated earth and other articles to the Chemical Examiner, Bangalore, and recorded the statements of the witnesses and after completing the investigation, placed the charge sheet before the First Class Magistrate, Raichur.