SANGAPPA SHIVARUDRAPPA BARGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) out of six accused charge-sheeted for two murders, charge against accused-6 was that he had abetted the commission of the murder. The rest of the accused persons i.e., accused nos. 1 to 5 stood charged under sections 147, 148, 324 read with Section 149 and 302 read with Section 149, IPC. They were charged with committing the murder of mohan son of shivappa baregi in sy. No. 128/2-b of sangapura village on 30-10-1987 at about 9 a.m. in prosecution of the common object of unlawful assembly of these accused persons and further they committed the murder of hanmantha sangappa chikkagalagali in sy. No. 325/4 of the same village soon after the first murder was committed. They were also charged with causing hurt to p.w, 9 subhas son of hanmantha at the same time when hanmantha was murdered by assaulting subhas with deadly weapons. After the charge was framed it appears accused-6 died and case against him abated. Rest of the accused took trial before the sessions court. The trial court having found accused nos. 1 to 5 guilty under sections 147 and 148, IPC convicted and sentenced them to rigorous imprisonment for one year each. For causing hurt to subhas P.W. 9 by virtue of Section 149, IPC they were convicted under Section 324, IPC and sentenced to suffer rigorous imprisonment for one year each. They were also convicted for imprisonment for life for the offences under Section 302 read with Section 149, IPC for causing death of two deceased persons. Accused-appellants have challenged this conviction and sentence in this appeal.

(2.) there does not appear to be any controversy that the relationship between the accused on the one hand and the deceased persons and their brothers on the other were not cordial and very much strained on account of boundary disputes and dispute with regard to the taking of water from a bore. That in fact is said to be the motive for the commission of these offences. The deceased mohan, P.W. 17 basappa and P.W. 25 gurupadappa are full brothers. They were separated and cultivating their lands separately. Out of their two sisters dundavva and shanthavva, latter had married the deceased hanmantha. Accused nos. 5 and 6 are sons of anandappa who is the brother of shivappa the father of deceased mohan. Accused nos. 1,3 and 4 are sons of shivarudrappa. Shivappa and anandappa have separated. Accused-2 is the servant of accused-6. There were civil and criminal proceedings in regard to disputes as aforesaid. That being so, it is the prosecution case that on the date of this incident i.e., on 30-10-1987 when the deceased mohan had gone to his land at about 8 or 8-30 a.m. after taking his morning meals, he was assaulted by these accused persons who had formed themselves into unlawful assembly with the common object of murdering him and in the land of irappa jadar he was assaulted. P.w. 17 his brother was informed of this assault by one sangappa kurihinashetty and P.W. 17 went towards that land on his cycle.

(3.) when P.W. 17 went to the land where mohan was assaulted. He was still alive and made a dying declaration as to the person who had assaulted him. The accused persons then went to the land where hamnant the brother of P.W. 17 and p.w, 9 hanmant's son were working. That morning at about 8 a.m. he and his father hanumanthappa, his brother sangappa and a servant ramappa had gone to their garden land for removing weeds in the lemon fruit trees. While he and his father started removing weeds, his servant ramappa was grazing cattle near the bund. Munihanumaiah (p.w. 12) and mariyappa (p.w. 11) were in the land of basappa baragi. At that time, a-1 to a-5 came from the land of a-6 into their garden land and started assaulting hanmant. A-1 and a-2 were armed with a stick each, a-4 and a-5 were picking up stones and assaulted hanmant whereas a-3 beat him with hands. When he went to the rescue of his father, a-4 and a-1 assaulted him with clubs, a-5 threw chilli powder in his eyes and a-2 and a-3 assaulted him with hands. His father fell unconscious due to injuries sustained by him and the accused left the place saying that they had assaulted mohan and hanmant as well as P.W. 9 and they should then look for their other brothers. Shivaiah and others brought a cart and took him and his father to their house and hanmant died of these injuries in their house and later P.W. 9 was sent to bablcshwar hospital and from there to bijapur hospital.