KALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The widow of the deceased made a complaint on 31.07.2005 alleging that accused Nos.1 to 5 have murdered her husband. It is stated therein that on 31.07.2005 she went along with her husband for sowing seeds and at about 11.00 in the morning, accused No.1 Kallappa, who is the brother of her husband along with accused No.2 Chandappa picked up a quarrel and thereafter accused No.1 assaulted her husband by using an agricultural instrument and assaulted on the head of the deceased, thereafter accused No.2 had snatched the instrument and he also gave blow on his hip and accused Nos.3 to 5 are alleged to have caught hold the deceased to facilitate accused Nos.1 and 2 to commit the offence.

(2.) Due to the assault by accused Nos.1 and 2 with the help of accused Nos.3 to 5 deceased succumbed to injuries on the spot itself. On hearing the hue and cry, the other brothers of the deceased came to the spot and on seeing them, the accused persons fled away from the scene of offence.

(3.) A case was registered in Crime No.47/2005 by the Deval Ganagapaur Police for the offences punishable under Sections 143, 147, 148, 341, 504, 302 and 506 read with Section 149 of the Indian Penal Code, 1860.