NAGAWWA Vs. VEERANNA SHIVALINGAPPA KOUJALAGI

JUDGEMENT

(1.) For the limited purpose of this Criminal Revision Petition, which can be dubbed as a storm in a tea-cup, only a few particulars need be stated to resolve a technical legal point.

(2.) One Nagappa was way-laid and mercilessly assaulted on 19-7-1973 at about sun-set time by a group of persons in Benachinamaradi village, Gokak Taluk. The reason is attributed to personal feuds and political vendetta. The police patil recorded the dying declaration of Nagappa. A few hours after the assault on him, Nagappa succumbed to his injuries in the car which was brought to take him to the hospital. The police of Gokak Police Station, after investigation, laid a charge-sheet against 8 persons as the accused, before the Judicial Magistrate First Class, Gokak. alleging overt acts leading to the murder of Nagappa. The learned Magistrate committed the case against those 8 accused to the Sessions Court, Belgaum. That Sessions Case No. 30 of 1974 is pending trial before the I Additional District and Sessions Judge, Belgaum, and has for the nonce been stayed by order of this Court, dated 29-11-1974.

(3.) Smt. Nagawwa, mother of deceased Nagappa, filed a private complaint under Section 200, Criminal Procedure Code (1898) before the same Magistrate arraying 10 persons as the accused, namely two more than in the Sessions Case No. 30 Of 1974. These two additional persons are accused No. 9, who is a State Minister and accused No. 10, a sitting Member of Parliament. It is alleged against them that they being present at the scene during the fatal assault On Nagappa, abetted by instigation the committing of the offence, hence attracting Section 114, Indian Penal Code.