HONNURAPPA MAJOR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal preferred by the appellants/accused Nos.6 and 7 under Section 374(2) of the Code of Criminal Procedure, being aggrieved by the judgment and order of conviction and also the sentence dated 06.09.2010 passed by the Presiding Officer, Fast Track Court-II, Ballari, in Sessions Case No.25/2009.

(2.) Brief facts of the prosecution case before the Trial Court are that on 24.01.2007, there was a telephone call received from Tilak Nagar to the Cowl Bazar PS, Bellary stating that, public have apprehended one thief who had come to commit theft. Based on the said information, S.H.O. of the police station, C.W.10- Lalithamma (WHC-12) received the said call and deputed accused No.6-Honnurappa and accused No.7- Vedamurthy to go over nearby the house of C.W.2- Jhansi Lakshmi and C.W.3-Vijaya and to bring the said person who had been apprehended by the people. It is the further case of the prosecution that, said accused No.6-Honnurappa and accused NO.7-Vedamurthy went to the said place and brought the said person in a TATA Sumo bearing No.KA-05/MA-7707 belonging to C.W.-7 Sudhakar to the police station. The further allegation is that the said person was wrongfully restrained by accused Nos.1 to 7 in Crime Branch and subjected him to interrogation. It is stated that, during the course of interrogation, said person disclosed his name as Prasad Kondapalli belonging to Andhra Pradesh. Accused Nos.1 to 7, in order to extract information regarding theft, illegally assaulted him with their hands and lathi in utter negligence, caused severe injuries which would cause death of a person in ordinary course and thereby harassed him. It is the case of the prosecution that this harassment given to said Kondapalli Prasad was over- heard by C.W.8-Nagappa. C.W.9-Ghousia, C.W.10- Lalithamma on hearing the screaming voice of the said person. Thereafter, when the said person fell down being fatigue complaining chest pain, accused tried to offer water to make him to regain his strength, he did not respond, therefore, the accused, who was illegaly kept in the police premises being used by the Crime Branch, was shifted in an auto to the VIMS Hospital at about 2.30 p.m. The doctor in VIMS Hospital, on examining said Kondapalli Prasad, declared that he is dead. Therefore, the allegation that the accused had wrongfully confined the said Kondapalli Prasad in the police station, having harassed him by assaulting him with hands and lathi causing deadly injuries on his person, became responsible for the death of said person. The further allegation of the prosecution is that, in order to conceal and destroy the evidence, they (accused) have destroyed the lathis used for assaulting the said person and also the autorickshaw that was used for transporting him to the hospital. Hence, it is alleged that accused Nos.1 to 7 have committed the offences punishable under Sections 342, 304, 201 read with Section 34 of IPC.

(3.) On the basis of the said complaint, a case came to be registered for the said offences. The Investigating Officer, after completing the investigation, filed the charge-sheet against all the seven accused persons for the said offences.