U. R. KANTHARAJU Vs. STATE

JUDGEMENT

(1.) These two appeals have arisen from judgments dtd. 22/11/2016 in two sessions cases, S.C.53/1999 and S.C.19/2014 on the file of V Additional District and Sessions Judge, Mandya. The appellants in Crl.A.2089/2016 faced trial in S.C. 53/1999 for the offences punishable under Sec. 302 and 307 read with Sec. 34 IPC and have stood convicted and sentenced for those offences. The appellant in Crl.A.199/2017 has questioned the correctness of judgment in S.C.19/2014 acquitting accused no.2 of the offence under Sec. 307 of IPC.

(2.) The case projected in S.C.53/1999 was, three brothers namely Kantharaju, Chandru and Siddaramu were transporting harvested sugarcane in a bullock cart. When the cart came near the land of Ganesh (DW3), Ramaiah, the deceased in this case stopped the cart, took objection for driving the bullock cart through his land and questioned Kantharaju, Chandru and Siddaramu about it. At that time the three brothers assaulted Ramaiah with weapons such as a pickaxe and a chopper. When Prakasha, the nephew of Ramaiah interfered for the rescue of his uncle i.e., Ramaiah, Kantharaju and Chandru assaulted him. Ramaiah was first taken to District Hospital, Mandya. On the advice of doctors, when he was being shifted to Nimhans, Bengaluru, he died. Prakasha sustained grievous injury. On the basis of a report made by Rathnamma, the wife of the deceased, FIR was registered in Cr.No.271/1998 and after investigation, Kantharaju, Chandru and Siddaramu were charge sheeted for the offences punishable under Sec. 302, 307 read with Sec. 34 IPC.

(3.) S.C.No.19/2014 also relates to the same incident. Report given by Kantharaju was registered in Cr.No.270/1998. He complained to the police that his two brothers viz., Chandru and Siddaramu had been to the land to transport the harvested sugarcane to the Alemane (jaggery factory) in the morning of 19/10/1998. Since they did not return from the land for quite a long time, he went towards the land with his labourer Siddaraju on a scooter. On the way he saw Ramaiah and Prakasha having stopped the bullock cart and questioning his brothers as to why they brought the bullock cart passing through his land. In that course Ramaiah pulled out Chandru from the cart and then tried to assault him with a machete. Seeing this Kantharaju interfered to his brother's rescue, and at that time Ramaiah gave a blow on his forehead and right cheek. When Siddaramu rushed to his rescue, Ramaiah assaulted him with the same machete on his chest and left forearm. The labourer Siddaraju interfered to pacify the situation. Kantharaju took his brother Siddaramu to the hospital at Mandya. While they were in Mandya, they received information from Krishnegowda and Nagaraju that the supporters of Ramaiah had set fire to their sugarcane fields and the Alemane.