CHIKKATHAYAMMA AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order of conviction dated 22.09.2011, passed by the Fast Track Court, Srirangapatna, in S.C. No. 38/2003 is called in question in these appeals by the convicted -accused.

(2.) The case of the prosecution in brief is that accused Nos. 1, 2, 3 and husband of accused No. 6 are genitive brothers; accused No. 4 Siddaraju who is the resident of Battalli village is the brother -in -law of accused No. 3. Accused No. 5 who is the resident of M. Shettahalli village is the sister's son of accused Nos. 1, 2 and 3. The land of accused Nos. 1, 2, and 3 is adjoining the land of deceased Chinnaswamachar. Accused had laid pipe underneath the land of the deceased for irrigation purposes from the Channel. In that regard, there used to be frequent misunderstanding between the deceased on one side and accused Nos. 1, 2 and 3 on the other side. In addition to the same, there was a land dispute between accused Nos. 1, 2 and 3 on one side and Shivalingegowda -P.W. 21 on the other side. In that regard, accused Nos. 1 to 3 requested the deceased to give evidence in their favour before the Assistant Commissioner in the Revenue proceedings. However, the deceased had refused to oblige the request of accused Nos. 1 to 3 and therefore accused were nursing grudge against the deceased.

(3.) In order to prove its case, the prosecution in all examined 31 witnesses, got marked 36 exhibits and 26 material objects. On behalf of defence, 2 exhibits were got marked.