SIDDALINGAPPA Vs. STATE

JUDGEMENT

(1.) The present appellants and another Basalingappa s/o Basappa were tried before the Sessions Court at Raichur for offences under Sections 302, 353 and 506 r/w S. 34, IPC and 109 r/w S. 302, IPC. The substantive charge of these offences was against A.1 to A.4, the present appellants. The 5th accused was charged only under Section 109 r/w Section 302, I.P.C. for having abetted the commission of the murder of deceased Rangappa by A.1 to A.4. While A.5 was acquitted, the present appellants were convicted under Sections 302, 324 and 353 r/w S. 34, I.P.C. and sentenced to imprisonment for life, simple imprisonment for one month and simple imprisonment for 6 months respectively each for the aforesaid offences.

(2.) The prosecution case is brief and simple. A.1 to A.2 that is appellants 1 and 2 herein are the sons of one Sangyarangayya of the same village Honnakatamalli in Deodurg Taluk of Raichur District. This Sangya Rangayya was murdered some time prior to this incident that occurred on 15-4-1990. Deceased Rangappa was suspected to have committed his murder and he was also arrested and detained in the sub jail at Deodurg pending investigation. There is a Magistrate's Court at Deodurg. He and other two prisoners were due to be produced before the jurisdictional Magistrate's Court at Deodurg on 21-5-1990. As the local Magistrate was on leave, deceased Rangappa and 2 other prisoners that is PW 10 Babu and PW 15 Chandrappa were required to be taken to Raichur for being produced before the Chief Judicial Magistrate. For that purpose the police escort was arranged by PW 31 the Head Constable of Deodurg Police Station. He deputed PWs 8 and 9, the police constables and H.C. Ramalinappa, CW. 1 who died during the pendency of this case. Thus the escort party consisted of the H.C. and the two police constables. At 7.10 a.m. he directed these police officials to go to sub jail, receive the 3 Under Trial Prisoners (U.T.P. for short) and then take them to Raichur and they were also directed to hand cuff them while being taken out of the jail. Accordingly, this escort party went to the sub jail and took to their custody 3 U.T.Ps. from the Head Warden PW. 3 Mallikarjuna of the sub jail to their custody. R. Rangappa the deceased U.T.P. No. 1000 was involved in the murder case of Sangya Rangayya whereas the other 2 U.T.Ps. were involved in some other cases which is not quite relevant for our purpose. Escort was arranged in fact at the request of this PW. 3 as it was his duty to produce these U.T.Ps. before the concerned Court. Relevant entries were made in the register maintained in the sub jail which they call "gate register" when the 3 U.T.Ps. were handed over to the custody of the 3 police officials. Necessary entry was also made in the Jail Court Register in this behalf. Thereafter this escort party hand cuffed deceased Rangappa and PW 10 with one hand cuff whereas a separate cuff was used for PW 15 Chandrappa. A leading chain attached to the handcuff of PW 10 was held by P.C. PW 5. Another hand cuff which was put to Chandrappa was held by PW 8. They left the sub jail premises at 7.25 a.m. and went to the local bus-stand to catch a K.S.R.T.C. bus to go to Raichur. By about 8 a.m. or so the bus arrived at its stand and it was bound for Raichur from Tintini, it was MEF 8304. It was parked at platform No. 9 and all the passengers alighted from it and may be for refreshments. Even the driver and the conductor went to the bus stand hotel for tiffin. The bus was almost empty when this escort party and the 3 U.T.Ps. boarded it. They were made to sit on one of the seats in the middle meant to accommodate 3 passengers and the constables as well as the head constable occupied different seats in front and behind the seat on which the U.T.Ps. were seated. Perhaps all of them were waiting for the driver and conductor to return and then for the departure of the bus.

(3.) Within a short while after they so sat, according to the prosecution accused Nos. 1 to 4 entered into the bus armed with a jambia each and started assaulting deceased Rangappa. The first assault was by A.1 on the back of Rangappa and also the neck and thereafter the other accused assaulted him successively with the jambias in their hands. Thus all of them stabbed the deceased one after the other and in their attempt to rescue the victim of this assault, the 3 members in the escort party sustained some minor injuries. However all the accused were over-powered by them and taken to their custody. The deceased was dragged out before he succumbed to these injuries. PW 8, PW 9 as well as the deceased CW 1 took all the 4 accused to the police station and produced them before PW 31. It was H.C. Ramalingappa who gave first information as per Exhibit P. 35 before him on which a Case in Crime No. 24/90 came to be registered against the accused persons. FIR was sent to the C.J.M. at Raichur through PW 28. The accused produced before him were arrested and 3 jambias which were with them were also seized, they are M.Os. 5, 6 and 7. A mahazar was drawn. There were blood stained clothes on the person of all the accused persons and they were also seized. Similarly the clothes of PWs. 10 and 15 which were stained with blood were also seized. Investigation was taken up by the Circle Police Inspector PW 33 who had received the information at about 8.20 a.m. at his residence. This information was from the persons who were running towards K.S.R.T.C. but stand out of curiosity. Having gone there they saw the dead body of Rangappa by the side of the K.S.R.T.C. bus near the rare entrance and police constable was found standing near the dead body. When he was still at the bus stand he received express reports from PW 31 about the registration of this case and then he took up investigation by commencing with holding inquest over the dead body. It was sent for autopsy to the local hospital. It appears the CPI had sent requisition to the Tahsildar to be present at the spot and held inquest over the dead body and accordingly PW 11 the Tahsildar held it. He also seized another jambia stained with blood from the bus and also its cover. In the evening he seized the uniforms of the 3 police constables as they were also stained with blood. He examined the material witnesses and A.5 was arrested when he was produced before him by PW 32 on 31-5-1990 and the blood stained articles were subjected for Chemical Analysis. Steps were also taken to send the police officials to hospital for examination and treatment.