STATE OF KARNATAKA Vs. BHIMAPPA

JUDGEMENT

(1.) This Criminal Appeal is filed by the State under Section 378(1) and (3) of the Code of Criminal Procedure challenging the Judgment and Order dated 11-1-1980 passed by the Additional Sessions Judge, Bijapur, in Sessions Case No. 62 of 1979. By the said order, the Learned Additional Sessions Judge acquitted all the respondents-accused of the charge of the offence of murder punishable under Section 302 I.P.C., read with Section 149 I.P.C. However, he convicted A-2 and A-13, having found them guilty, for the offence punishable under Section 325 I.P.C, and, giving benefit of Section 360 Cr. P.C., released them on admonition on executing a bond, without sureties, to appear and receive sentence when called upon during three years and to keep the peace and be of good behaviour.

(2.) The facts of the case, as disclosed by the Order under appeal are as follows :All the respondents-accused 1 to 13 are the residents of Petlur village, Mudhol Taluk, Bijapur District, while A-13, having been employed in the Military service, was on leave and was present in the village as on the date of the incident which took place on 19-4-1979 at 6 P. M. According to the prosecution, P.W- 9 Venkappa who is the son of the deceased Mallappa Belli and brother of the injured persons, was found running a petty shop dealing in Kirani items (grocery). A-2 was found due to P. W. 9 in a sum of Rs. 3/- in regard to purchase of certain commodities (groceries) and, in this connection, there was quarrel two months earlier to the incident. It is further alleged that about 15 days prior to the date of incident, A-2 had picked up quarrel once again with P W.9 in the said connection. On the date of the incident i.e., on 19.41979 at about 6 P.M., all the accused persons formed themselves into an unlawful assembly, in front of the house of one Setteppa s/o Bhimappa Huchhi of Petlur village, with the common object of causing the murder of the deceased Mallappa Belli and, in furtherance of that common object, A-2 and A-13 went to the stop of P. W. 9 where he was present. A-13 started abusing P.W. 9 by standing out-side the shop and challenged him to come out P. W. 9, having scared, closed his shop and went away. Hearing this row of quarel between P. W. 9 and A-2 and A-13, the deceased Mallappa, father of P.W. 9, came and attempted to pacify the accused not to indulge in quarrelling. Due to his intervention, A-2 and A-13 became enraged and threw stones at him with the result the deceased sustained injuries on his left temporal bone and head and fell down un-conscious. This incident attracted P.W. 6 Basappa, P.W. 7 Bhimappa,P.W.8, Annappa, P.W. 14 Ramappa and CW. 12 Kareppa, who are all close relatives being members of the same family. Seeing this, all the accused persons joined together and started pelting stones on all these persons with the result they sustained injuries. In addition to this, P W. 6 also received a stick injury by A-1. Thereafter, all the accused persons ran away from that place. It is the case of the prosecution that all the injured persons removed the deceased Mallappa, who was lying unconscious, in a bullock-cart to the Primary Health Centre, Lokapur, where he was admitted and treated for the injuries. Simultaneously, P.W. 6 Basappa gave a complaint as per Ex. P. 22 before P.W. 16 Gururaj, H.C.B. No. 966, who was, at that time, S.H.O. of Lokapur Police Station. P.W. 16, on receipt of Ex. P-22, visited the hospital at Lokapur and conducted injury panchanamas of all the injured persons as per Exs. P-12 to P-18 and seized thereunder M. Os 3 to 8 (Mundichati, dhoti, mundichati, dhoti, mundichati and dhoti respectively). Then he returned to the Police Station and registered a case in Crime No. 22 of 1979 for the offences punishable under Sections 143, 147, 148, 337 338, 504 I P.C. read with Section 149 I.P.C He sent up the F.I.R , Ex. P. 25 along with the complaint, Ex.P. 22 to the Judicial Magistrate First Class, Mudhol. Since the Learned Magistrate was on leave, the same was submitted before the Chief Judicial Magistrate, Bijapur, who was in charge of the Court of the J.M.F.C., Mudhol. P.W 16 sent copies of the F.I.R. and the complaint along with the injury panchanamas to P.W. 20 Chandrashekhar, Sub-Inspector of Police of Lokapur Police Station, who was camping at Muddapur investigating certain other cases. P. W. 1 Dr. V. K. Kakareddy of Primary Health Centre, Lokapur, gave treatment to all the injured persons including the deceased Mallappa who continued to be unconscious. However, he attended the deceased through out the night and ultimately the injured Mallappa succumbed to the injuries at 10-30 A.M. on 20-4-1979. This fact was intimated by P.W. 1 to the Police as per Ex. P-7. On receipt of the information from PW1, Dr Kakareddy, regarding the death of the deceased, P W 20 P.S.I., sent up the requisition as per Ex P-3l to the Court to incorporate Section 302 I.P.C, in the F.I.R. already issued. He sent up express reports to his superiors. P. W. 20, P.S.I., having taken charge of this case from P. W. 16 went to Petlur Village on 20-4-1979 in the early hours, searched for the accused, but they could not be found as they were absconding, secured panchas, drew up a mahazar of the scene of offence as per Ex P-21 and seized thereunder 11 handful of blood-stained stones (M.O.1), handful of unstained stones (M.O. 2), a stick (M.O. 12), a broken stick (M.O. 13)sash(M.O.14) and a small towel(M.O.15). He, thereafter, went to the hospital, held inquest proceedings over the dead body of the deceased as per Ex, P-19 and made over the dead body for P.M. examination. On receipt of the dead body with Ex.P-10, P.W. 1 conducted P.M. examination and issued P.M. report as per Ex. P. 11. P.W. 20 then seized under a panchanama, Ex. P. 20, blood-stained shirt (M.O.9), dhoti (M.O. 10) and waist thread (M.O. 11) and recorded the statements of P.W. 6 Basappa, P.W. 7 Bhimappa, P.W. 8 Annappa, P.W. 14 Ramappa, C.W. 12 Kareppa, P.W, 9 Venkappa, P.W. 12 Shetteppa, P.W. 11 Lakkappa and others. On 20-4-1979 at about 8 A.M., P.W. 19 Irappa, Head Constable, produced A-8 to A-10 before P.W. 20 who arrested them. The remaining accused persons were absconding. P.W. 20 went to Naganapur on 21-4-79 where he recorded the statements of P. W. 15 Hanamappa and P.W. 29 Balappa. The same day he went to Peilur and recorded the statements of some more witnesses. On the same day, he went to Ningapur, on reliable information and arrested A-11 and A-12. On 26-4-1979 at about 7 A.M. he arrested A-l to A-5 at Chinchakahandi bridge and, as they were found to have sustained injuries, he sent them to the Medical Officer, Lokapur, for treatment. Later on P,W. 20 arrested A-6 and A-7 at Mallapur. He sent the seized articles to the Chemical Examiner for examination. By the time P W. 20 completed the investigation of this case after following all the formalities, A-13 was still at large. Therefore, P.W. 20, having informed the Military Authorities at Belgaum through some of his subordinates for the search of A-13, filed a charge sheet against A-l to A-12 in C.C No. 482 of 1979. On 6-9-1979, A-13 was also arrested ; therefore a separate charge sheet against him was filed in C.C. No. 523 of 1979. The two charge sheets were filed in common Crime No. 22 of 1979. Therefore, the Learned Sessions Judge clubbed these two charge sheets together, held a common trial and passed a common order under appeal.

(3.) The Learned Sessions Judge framed charges against all the accused persons for the offences punishable under Sections 147, 148, 302 I.P.C. read with Section 149 I.P.C., and Sections 323 and 326 I.P.C., read with Section 149 I.P.C.