SOMALING Vs. STATE

JUDGEMENT

(1.) These two Criminal appeals are arising out of the same occurrence, call in question the judgment of conviction and order of sentence passed by the IV Addl. Sessions Judge, Vijayapura, dtd. 28/3/2017 in S.C.No.73/2015, wherein accused No.1 has preferred Criminal Appeal No.200113/2017 independently and accused No. 4 has preferred his own independent appeal in Criminal Appeal No.200133/2017 for finding them guilty of committing an offence under Sec. 302 R/w Sec. 149 of the IPC and sentencing them to undergo life imprisonment and pay a fine of Rs.30,000.00 each for the said offence and in default to pay the fine amount, they were ordered to undergo simple imprisonment for a period of 6 months.

(2.) That within the jurisdiction of Kannur village in Sy.No.298 measuring 5 acres of land was purchased by the uncle of accused No.1-Kammanna, i.e., Rudrappa, from Malappa Barakade. The accused No.1 was insisting the said Malappa Barakade to get back the said landed property. For that, Malappa was not inclined to return the said land. Therefore, because of this insistence and pressure of accused No.1, Malappa Barakade informed deceased Amasidda Barakade about the pressure of accused No.1. At that time, deceased supported the Malappa Barakade, stating that he would support him and told him not to give back the said properties purchased by him. Therefore, the accused Nos.1 and 2 came to the said deceased Amasidda Barakade 2-3 times and held out a threat stating that, he has become a hurdle between the purchaser Malappa and themselves and therefore they will not leave him and they were going to kill him. Pursuant to such threat, all the accused in a Samudhaya Bhavan of Maddi Maragamma temple situated near the landed property of accused No.5, the accused No.1 to 4, on 18/9/2013 at 6.00 p.m., by sitting in the said Samudhaya Bhavan along with accused No. 5, have conspired to kill the deceased Amasidda Barakade. Thus, they committed criminal conspiracy in furtherance of the common object to kill Amasidda Barakade. In furtherance of the common object of this conspiracy, it is alleged, that on 19/9/2013 at 5.00 p.m., when deceased Amasidda Barakade was on his landed property, accused Nos.1 and 4, along with accused Nos.2 and 3, by forming themselves into an unlawful assembly having ill-will against the said deceased, came near Amasidda and dragged him towards the other land and at that time, accused Nos. 2, 3, and 4 caught hold of the hands and legs of Amasidda and accused No.1 by using the iron 'jambe' assaulted Amasidda on his neck, stomach and caused his murder. With these allegations, a complaint came to be filed by the father of the deceased by name Shankarappa at 00:30 hours on 20/9/2013 before the PSI Vijayapura Rural Police Station, which was registered in Crime No.236/2013 for the offences punishable under Sec. 302, 504 R/w 34 of the IPC, and the criminal law was set in motion.

(3.) Consequent upon the registration of the FIR, the CPI Vijayapura Rural Police Station (who was also an investigation officer) proceeded to the place of occurrence along with his police staff and conducted the inquest panchanama in the presence of panchas as per Ex.P13. He noticed the falling of the blood at the scene of offence. During the course of the investigation, accused No.1 to 4 were arrested. Sent the dead body for the postmortem to the Al Ameen Medical College Hospital, Vijayapura. The doctor at Al Ameen Medical College conducted the postmortem on the dead body of Amasidda, aged 32 years, in between 10.30 a.m. and 12.00 noon on 20/9/2013, as per Ex.P34. The investigation officer recorded the statements of the witnesses, sent the seized articles to the FSL for the purpose of chemical examination and on completion of the investigation, the I.O. filed the charge sheet against the accused for the offence under Sec. 302 R/w Sec. 149 of the IPC against five accused. Upon committal, the learned trial Court framed the charge against the accused for the offences under Sec. 120-B, 302 and 504 R/w Sec. 149 of the IPC for which the accused No.1 and 4 pleaded not guilty and claimed to be tried.