MARUTI HANAMANT KULLOLLI Vs. STATE

JUDGEMENT

(1.) The appellants were the two accused A1 and A2, in SC. No.15/1971 before the First Add1. Sessions Judge, Belgaum. Ai has been convicted for having committed an offence punishable under S.338 1PC and sentenced to pay a tine of Rs, 1,000 and in delault to undergo rigorous imprisonment for six months. Out of this amount of Rs.1,000, a sum of Rs.500 has been directed to be paid over to Karyappa Lakkappa PW. 7, who sustained injuries. A2 has been convicted for having committed an offence punishable under S.302 1PC and sentenced to imprisonment for life. They have challenged the said convictions and sentences in this appeal.

(2.) The prosecution allegation against them was that they together committed the murder of Bharma Bheema Kulloli and his son smauappa Bharma Kullolli at about 2 p.m. on 29-8-l970 on Hidakal Alagawadi cart track at a place about two furlongs still away from Raibag, District Belgaum.

(3.) The prosecution case in brief, was that Al and the two deceased belonged to one family which owned Sannadi lands. PW.B Appanaa and PW.8 Rayappa are tne sons of deceased bharma. Disputes had arisen in regard to of these lands and in view of taose disputes talker of Al had been murdered and the two deceased and P.W.6 were accused in that murder case. They were acquitted. There was serious ill-will between these persons and tnat led to institution of procedings under S.107 of Crl.P.C. which had been closed much earlier to 29-8-1970. in view of these ill-feelings, A1 was under an apprehension that he was also going to be murdered by these persons and therefore, secured a licence to mave a double barrel gun for self protection. On his so securing a licence and purchasing a double barrel gun, the deceased, PWs.6 and 8 trespassed into his place and caused damage to his gun. A criminal case was instituted against them and they were convicted for the oftence of criminal trespass and mischief of doing damage to the gun. This also led to heigntening of the ill-feelings between them. Al felt certain tnat one aay or the other he was going to be murdered by these people and therefore, engaged A2 to act as body-guard. A2 always used to move about along with A1. when Al was going out of his house for work.