MALAPPA ALIAS MALLIKARJUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Counsel for the appellant. There were six accused before the Court below. Accused 1 is no more. Accused 2 and 3 have filed the appeal in Cri. A. No. 3509 of 2011. Accused 4 and 5 are absconding. Therefore, the case against them has been split up and said to be pending before the Court below. The appeal in Cri. A. No. 3742 of 2010 is filed by accused 6.

(2.) The case of the prosecution, briefly stated, are as follows:

(3.) It is stated that when the complainant and his cousin Gurulingappa reached the land, they saw accused persons quarrel with the deceased and they heard a shout to the effect that "VERNACULAR MATTER" (Bastard Sanjya has grown insolent and he was interfering in every matter and today we have the opportunity to finish him'). Saying so, according to the complainant, accused 1-Babu Pujari assaulted Sanjeevkumar on the backside of his head with koita and caused bleeding injuries. Accused 2-Shivanand had assaulted with an axe on the front side of his neck and accused 4 had assaulted again on the back of his neck with a sickle Accused 3-Ramesh Hadapad assaulted with koita on the right hand and palm of the deceased and cut-off his fingers and had also assaulted on the lips of the deceased and caused injuries. Accused 5-Annappa jawali is said to have assaulted with koita on his right shoulder and caused bleeding injuries and accused 6 had also assaulted with koita on the left shoulder of the deceased.