SIDDARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction dated 30.3.2010 passed by the III Fast Track Court, Mysore, in SC.No.220/2007 is appealed against by the convicted accused No.1 in the Sessions Case. The appellant was tried along with 11 accused for the offence punishable under Section 302 of IPC and for other offences. The appellant herein is convicted for the offence punishable under Section 302 IPC and sentenced to undergo life imprisonment and to pay fine of Rs.5,000/ -, with default clause. All other accused are acquitted. The State has not preferred appeal against the judgment and order of acquittal acquitting other accused.

(2.) THE case of the prosecution in brief is that there was a long standing dispute between accused No.1 and family members of the complainant; deceased is the brother -in -law of the complainant; litigations are pending consideration before the Courts of law; on the date of incident, i.e., on 15.1.2007 at 3.00 p.m. Grama Shabha Meeting (village meeting) was held in the Government School premises of Kalihundi Village. Accused as well as the deceased and the prosecution witnesses (other than the official witnesses) are all from Kaluhundi Village; at that point of time, accused No.1 had raised objection that the list containing names of the persons who are below poverty line is not properly prepared; PW.1 is the member of Grama Panchayat; practically the grievance of accused No.1 in raising the dispute with regard to the list of persons who are below poverty line was against PW.1; at about 7.30 p.m. on the very day, i.e., on 15.1.2007 when PW.1 was in the house of Nanjundaiah (deceased), all the 12 accused, including the appellant herein came to the house of the deceased armed with deadly weapons like chopper, clubs and stones; they shouted against PW.1 and told him to come out of the house; after hearing the shouting sound of the accused, PW.1 as well as the deceased came out of the house and there was a quarrel between the accused on one side and PW.1 and deceased on the other. After about 5 minutes of quarrel, accused No.1 assaulted on the occipital region of the deceased with the chopper (by using blunt edge); accused No.2 assaulted below the right eye lid of the deceased; all the other accused assaulted the deceased with clubs. Consequent upon which the injured fell down on the ground; PW.1 raised hue and cry and PWs.2, 3, 9, 10, 19, 21 and others came to the spot and they were also allegedly assaulted by the accused; out of such injured, PW.2 had sustained grievous injuries, PWs.3, 9, 21 and CW.5 have sustained simple injuries. The deceased as well as all the injured were taken to H.D.Kote General Hospital during midnight intervening between 15.1.2007 and 16.1.2007; the said Hospital is about 23 kmts from the scene of offence; all the injured were treated, including the deceased; the head of the deceased was sutured by the doctor -PW.12. However, the deceased succumbed to the injuries at about 11.00 p.m. on 15.1.2007. Other injured were treated as out patients and were discharged subsequently.

(3.) PW .1, the brother -in -law of the deceased lodged the complaint at 11.30 p.m. in H.D.Kote Police Station, which was registered in Crime No.15/2007 for the offences punishable under Sections 143, 147, 148, 324, 307, 302 r/w. Section 149 of IPC. The police after investigation, laid the charge sheet against all the accused, including the appellant herein.