YAMANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Additional Advocate General.

(2.) The appellant was accused No.1 along with two others and they are all accused for offences punishable under Sections 323, 324, 341, 302, 504, 506(2) read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC' for brevity).

(3.) It was the case of the prosecution that on 18th March 2008 at about 8.00 p.m. in Masabinal Village, the accused No.1 to 3 were said to be sitting in front of a pan shop belonging to Anand Kumbar. It transpires that there was a running dispute between the accused 1 to 3 and the complainant-Mallappa in respect of a cart-way on the lands of complainant and the accused and there was constant friction between them. It is alleged that accused No.1 was armed with an axe and the other accused were armed with sticks and they were all sitting in a menacing fashion in front of the pan shop. It transpires that Mallappa had come there and purchased pan at the pan shop and when he was leaving, accused No.1 is said to have provoked him by saying in a loud tone that he was sitting there with an axe and nobody seemed to be asking him why he was sitting there with an axe. At which the complainant is said to have turned around and enquired whether he was speaking to him, at which point, all the accused are said to have pounced on the complainant and started assaulting him. It is alleged that the accused No.1 swung the axe on the head of the complainant and the complainant had dodged and avoided it but, however, he was hit on his hand. On hearing the commotion, the uncle of the complainant one Honnappa is said to have come running to rescue him. At which accused No.1 is said to have turned on Honnappa and had struck him with the axe on his head causing a puncture wound, resulting in Honnappa falling to the ground. It was further alleged that the other accused also started assaulting Honnppa. It then transpires that Vittal Hariwal son of the deceased, came to his father's rescue and he was also attacked by the accused with sticks. On seeing that Honnappa was bleeding profusely having fallen to the ground, the accused had gone away.