KUTUBBUDIN HASANSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal appeal is brought from the judgment of the Addl Sessions Judge, Bijapur, convicting 12 accused out of 33 for offences under Ss.147, 325, 337, 353, 435 and 436 of the Indian Penal Code, (in the cases of some of the accused with the aid of S.149 IPC) and sentencing them each on a single count for six months RI; the sentences to run concurrently. The prosecution case related to a riot which took place in the town of Mudhol. In Decr 1973, due to the border dispute between Maharashtra and Karnataka, there was much of turmoil and strikes and counter strikes were arranged in both these States. It was stated that Kannadigas which means Kannada speaking people of Maharashtra were put to atrocities. There was an exodus of such people from Maharashtra, to the adjoining area of Mudhol. On 12-12-1973, a strike was observed at Jamkhandi, a neighbouring town. Thereafter, on 13-12-1973, a strike was arranged for Mudhol. It was reported that the Kaanadigas of Mudhol were going to display their resentment. They were likely to burn the G.A.Circus of Bombay which belonged to Maharashtrians. The Circus was displaying its shows at Mudhol. Besides, some trouble was also suspected and the Maharashtrians owning properties in Mudhol were the likely victims. Accordingly, the senior police officers had alerted the CPI Chennappa (Pw. 16) and PSI Yeshwant (Pw. 15) and both of them came to Mudhol sometime on the evening of 12-12-73. They directed the ASIs and the police constables to assemble next morning in the police station. A procession was to collect at Gandhi Chowk and it was to be taken around the town. The next morning, the CPI and the PSI besides a number of police constables reported at the police station. The procession consisting of nearly about 1,000 persons started at about 9 a.m. from Gandhi Chowk. The Tahsildar of Mudhol was reported to be on casual leave. The Asst Commr T.T. Patil (Pw.37) accordingly arrived. When the procession started slogans were shouted that the Maharastrians should be driven out, and their property should be destroyed and the number of people in the procession increased to 3,000 as it went on. At about 10 a.m. the procession reached Gajanana Cement Pipe Factory of S.V.Kothawale(Pw.35), who was a Maharashtrian. In the factory besides the machine shed and labourer's huts, there was a cow shed as well as a car shed. Kothawale himself resided in a house constructed in the premises of the factory. The persons constituting the procession including the appellants, started pelting stones and causing damage to the factory properties. The Asst Commr along with the Tahsildar who had just arrived and the BDO reached the spot. They tried to pacify the persons. The machine shed was set on fire. The police constables attempted to extinguish the fire but stones were pelted upon them. Thereafter, the assembly was declared unlawful and lathi charge was made. Nevertheless, the pelting of stones continued and the owner's car was burnt. The labourers' huts were also set to fire. Thereafter, the Asst Commr after due warning resorted to gun fire. Two of the persons fell down in the mob. Thereafter, the Asst Commr was hit and both CPI and PSI were assaulted. A few constables' also received injuries. These officials ran from the spot and reached the PWD office. The mob attacked them even there. The CPI and PSI were severely beaten with rafters and sticks. The PSI fell unconscious and was later removed to the hospital. The police jeep was also burnt. One of the rifles was snatched and thrown in the fire. Serious injuries were caused to CPI and PSI and both remained in the hospital for about two months.

(2.) Peersab (Pw.5), the Head Constable was present in the Gajanana Cement Pipe Factory. He ran to a petrol station and telephoned to the police station. From there information was sent to the Dy.SP., S.P. and the District Magistrate. Thereafter, all rushed to the scene and by about 12 a.m. the situation was brought under control. As many as 15 officials received injuries. Pw.5 instituted a police complaint, Ex.P-10, and some Of the accused were named in the complaint. The entire incident was narrated. Bandu, ASI (Pw.38) was present at the police station. He recorded the FIR Ex.P-30 and registered the case against the accused.

(3.) The injured were sent to the hospital and Dr. Patil (Pw.17) and Dr. Dhirendra (Pw.23) looked after the injuries. The CPI and PSI were sent to Bijapur hospital. The two dead were also removed and postmortem reports were obtained. After the usual investigation, a case of rioting, causing grievous hurt and setting firt was instituted against 33 persons of whom two were juveniles. A separate case is stated to be pending against them.