STATE OF KARNATAKA Vs. BALAPPA BHAU VADAGAVE

JUDGEMENT

(1.) These two criminal appeals by the State arise out of the judgment and order dated 30thNovember 1981 passed by the 1Additional Sessions Judge, Belgaum, in S.C.No.28/ 1981. Cr. A.No. 281/1982 is one under Section 378(1) and (3) of the Code of Criminal Procedure against the acquittal of all the five accused of the offences punishable under Sections 147, 148, 447 and Section 302 read with Section 149 I.P.C. and also the acquittal of A2 to A5 of the offence punishable under Section 324 read with Section 149 l.P.C. Cr. A. No. 282/1982 is one under Section 377 of the Code of Criminal Procedure for enhancement of the sentence awarded against A1 to A3 for offences punishable under Section 324 and 304 Part II read with Section 34 I.P.C.

(2.) All the five accused were charged for offences punishable under Sections 147, 148, 447 and 302 read with Section 149 I.P.C. on the ground that all of them on 24-12-1980 at about 3 p.m. constituted themselves into an unlawful assembly armed with deadly weapons like axe, pick-axe, sickles and stick with the common object of causing the death of Kallappa and injuries to his sons Ashok and Kumar and in prosecution of the said common object, trespassed into a portion of the land called 'Karidi Hola' comprised in S. No. 645/1C situate in Eksamba village of Chikodi Taluk in Belgaum District, in the possession of deceased Kallappa and all of them assaulted Kallappa and his two sons Kumar and Ashok and caused bodily injuries to them and among them Kallappa, the deceased in the case later succumbed to the injuries in the District Civil Hospital at Belgaum, 2 and 3 were further charged for the offence punishable under Section 324 read with Section 149 I.P.C. for having voluntarily caused hurt to Ashok son of Deceased Kallappa with sickles and A4 and A5 under Section 324 read with Section 149 I.P.C. for having voluntarily caused hurt to Kumar son of deceased Kallappa with pickaxe and stick respectively.

(3.) The case of the prosecution as revealed during the course of the trial, briefly stated, is as under. Deceased Kallappa, A1 Balappa, A4 Mallappa and A5 Bharama are direct brothers. Their father is alive. A2 Rosa Saheb and A3 Anna Saheb are the sons of A1 P.W.1 Kumar and PW2 Ashok are the sons of deceased Kallappa. About 3 or 4 decades ago, the family was joint. The entire family lives at Danwad village of Shirol Taluk in Kolhapur District (Maharashtra State) situate on the northern side of Dood Ganga river which serves as boundary between the STATE OF KARNATAKA and the State of Maharashtra. The family owns land both at Danwad as well as Eksamba village of Chikodi Taluk in Belgaum District of the STATE OF KARNATAKA which is situated on the southern bank of the said river. There is a bridge over the said river connecting Danwad and Eksamba villages. It is a little longer route. There is a shorter route by which one can afford the intervening river to reach the land at Eksamba from Danwad.