SATHISHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two appeals arise from common judgment in two Sessions Cases, S.C.No.5047/2014 and S.C.No.5058/2014 tried in the court of II Additional District and Sessions Judge, Ramanagara (Sitting at Kanakapura).

(2.) Actually charge sheet was filed against 10 accused persons and it was numbered as C.C.No.769/2014 before committal to the Sessions Court. Because accused No.5 was absconding charge sheet against him was split and numbered as C.C.No.1036/2014. After committal, and after accused No.5 was secured, both sessions cases were clubbed for trial purpose and thus two Sessions cases came to be registered.

(3.) The prosecution case is about the homicidal death of one Rajesh. There was a land dispute between the family of the deceased and the accused. In this background Kumara son of Nagarathnamma, the seventh accused was killed and in that connection deceased Rajesh and the members of his family were charge sheeted and tried. Some of them were convicted also. Thereafter Rajesh and his family members left their native village, Virupasandra in Kanakapura taluk and came over to Bengaluru. But the accused were nurturing ill-will against Rajesh and his family members. There was a cart festival in their village Virupasandra in between 5/5/2014 and 7/5/2014. PW1, PW3 and PW4 came to Virupasandra on 6/5/2014 to attend the cart festival. PW4-Srinivasa and his brother-in-law Ashok decorated their cart (Yalavara) to be taken in procession. When their cart came in front of the house of accused No.7, accused Nos.1, 2, 6, 7, 8, 9 and 10, in the background of previous enmity, took objection to PW4 and Ashok bringing their cart in the procession and put threat to them. It is stated that they would take away the life of one of the sons of Doddahuchaiah i.e., the father of PW4. On the next day i.e., 7/5/2014, when PW1 and Rajesh had been to a temple, accused Nos.1 to 5 and 6 thought that PW1 and Rajesh would come along the road passing through Malagala and planned to abduct Rajesh. At about 4.30pm, when Rajesh and PW1 were going in that road on the motorcycle, accused Nos.1 to 5 stopped the motorcycle and accused No.1 fisted on the face of Rajesh. As Rajesh fell down accused No.2 hit on the face of Rajesh with a helmet. When PW1, PW5, PW7 and PW8 tried to interfere, they were all threatened. Then accused Nos.1 to 5 took Rajesh in an auto rickshaw. Accused Nos.1, 2 and 4 were sitting inside the auto rickshaw. Accused No.3 rode the motorcycle of Rajesh and followed the auto rickshaw. They all took Rajesh to the garden land of PW17 and killed him by assaulting with beer bottles and clubs. Thereafter accused No.2 dropped a big stone on the head of Rajesh. Accused No.1 took the same stone and dropped on the private part of Rajesh. In order to cause disappearance of evidence they poured petrol and burnt the face of Rajesh.