M KRISHNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an application filed u / S. 438, Cr. P.C. The offence alleged against the petitioners are u/Ss. 143, 147, 148, 149 and 302, IPC. Similar application was filed before the Sessions Court, Kolar which was opposed by the State. Accordingly the Sessions Judge passed an order dated 14-8-91 rejecting the same.

(2.) Subsequent to filing this petition, the petitioner 9 has been arrested by the police in connection with the above crime. Hence, the application filed by him is rejected as infructuous.

(3.) The case of the prosecution is that there was some ill-will between A-1 and the deceased Iragappa in respect of boundary dispute of the land. One C.V. Ramesh Gowda, nephew of the deceased (brother's son) filed a complaint before Malur Police on 6-5-91 at 9 a.m. The allegations made are that there was ill-will between A- 1 and the deceased. A-1 had encroached Gomal land which was objected by the deceased on the ground that the said Gomal reserved for burial ground. There were cases and counter cases between both the parties, in CC. No. 341/87 and C.C. No. 661/87. They are filed against some of the accused persons. Even proceedings u/S. 107, Cr. P.C. registered in Crime No. 138/86 also initiated.