BASAPPA RAMAPPA NAIK Vs. STATE

JUDGEMENT

(1.) The Appellants who were convicted under Section 302 read with Section 34 I.P.C. and sentenced to suffer imprisonment for life in Sessions Case No. 43 of 1961 on the file of the II Additional Sessions Judge, Belgaum, have come up in appeal to this Court.

(2.) Briefly stated, the prosecution case is as follows; On 2-3-1961, the villagers of Pamaldini village, in Belgaum District, were celebrating the 'Dhulwed' day (the day following the Holi). It was a day of merriment for the villagers. On that day, the villagers were having a gala time on the river bed. At about 5 P.M. of that day the deceased Basappa, a notorious character in the village, came to the river bed. Very soon thereafter, 'he held out a challenge that if any one gathered there were to jump 8 cubits forward as well as backwards, he would give that person Rs. 5/-. To that, A 1 retorted that he would give him Rs. 5/- if he performed that feat. These challenges and counter-challenges led to an altercation between A-1 and the deceased. The people gathered there, separated the two, and the deceased was sent back to his house. The further case of the prosecution is that sometime thereafter, the deceased again came there with a sickle in his hand and challenged A-1 and his friends to come out. At that stage, it is said that the four appellants before this Court first attacked the deceased with stones and thereafter attacked him with sharp cutting weapons. As a result of the injuries sustained by him the deceased died instantaneously.

(3.) From the post-mortem notes Exhibit 17, it is seen that the deceased had sustained as many as 31 injuries; 27 of those injuries were incised injuries the remaining four being either contusions or abrasions. P.W. 3 who conducted autopsy on the dead body of the deceased is of the opinion that the injuries sustained by the beceased are sufficient in the ordinary course of nature to cause death. He is also of the view that injury No. 13 is necessarily fatal. His opinion was not challenged before us.