LAGAMA APPAYYA NAIK Vs. STATE

JUDGEMENT

(1.) IN the village of Katabali in the District of Belgaum, there were four (sic) brothers and two sisters who lived either in different parts of the same house or in different houses. Shettappa. Yellappa and Erappa were the three brothers; Satyavva and Lakkavva were the two sisters.

(2.) IN the same village, there lived two brothers accused 1 and 4. There were two other brothers accused 2 and 3. Accused 1 and 4 were the cousins of accused 2 and 3. They were living in separate houses very near one another. 1

(3.) THE Sessions Judge entered convictions against all the four accused in respect of the first charge relating to the murder of Shettappa and sentenced them to imprisonment for life. In respect of the second charge he acquitted accused 2 and 3 but convicted accused 1 and 4 under Section 302 read with Section 34 of the Penal Code and sentenced both of them to imprisonment for life. In respect of the third and the fourth charges there was a conviction of accused 1 who was sentenced to rigorous imprisonment for three months and acquittal of the other accused. In respect of the 5th charge, accused was 0convicted of an offence punishable under Section 27 of the Arms Act and was sentenced to rigorous imprisonment for one year. These are the convictions which are questioned in this appeal.