STATE OF KARNATAKA Vs. VENKATESHREDDY AND ORS

JUDGEMENT

(1.) This appeal is filed by the State against the judgment and order of acquittal dated 24.7.2007, passed by the Fast Track Court-IV, Kolar in SC.No.226/1998. It is relevant to note that accused No.1-Gopalappa, S/o.Narayanappa who was facing trial, has expired during the course of trial. Thus, the sessions case against him was abated. Accused Nos.2, 3 and 4, on consideration of the material on record and after hearing, are acquitted by the Trial Court.

(2.) The case of the prosecution in brief is that the deceased Muniyappa and his family members on one side and accused No.1-Gopalappa and his family members on the other had number of disputes relating to a vacant site lying in between the houses of accused No.1 and the deceased. The houses of both the parties face North. The open space has got width about 3 to 4 feet towards North and is having width of 10 to 11 feet towards South. The passage has got length of about 60 feet. Both the parties were claiming the property as their own. The civil disputes are pending adjudication before the Civil Court. On the date of the incident, i.e., on 15.8.1998 at about 10.30 a.m., accused Nos.1 to 4 entered the disputed vacant site armed with crow bar and spade to erect stone slab compound wall; deceased Muniyappa and his son Venkateshappa prevented the accused to proceed with the construction of wall on the ground that the civil dispute is pending consideration before the Civil Court; altercation took place between Accused and Muniyappa the deceased; all the accused went to their house; when deceased Muniyappa was standing near the place where the stone pillars were being installed in the disputed area, accused No.1 Gopalappa fired a gun shot from the gun through the window of his house, consequent upon which the deceased Muniyappa fell down on the ground after receiving injuries on his chest. Son of Muniyappa, namely, Venkateshappa after seeing his father falling down, proceeded towards the window situated in eastern wall of the house of accused for questioning and to prevent further damage; accused No.4 instigated her son Vankteshareddy to fire at him; immediately thereafter, Venkateshareddy snatched the gun from his grandfather Gopalappa and fired on Venkateshappa; Venkateshappa also sustained gun fire injuries and fell on the ground; accused No.3 Munivenkatappa came outside the house and tried to assault PW.5, who was present near the spot.

(3.) During the course of investigation, postmortem examination was conducted on both the dead bodies and inquest mahazars were drawn. MO.No.1-Gun was seized from accused No.1. All the accused were arrested and PW.17, the CPI completed the investigation and laid the charge sheet.