(1.) Heard the learned counsel for the appellants and the learned Additional State Public Prosecutor.
(2.) This appeal is filed by the accused challenging the judgment of conviction and sentence passed by the Fast Track Court-III, Dharwad, in S.C. No.17 of 2011.
(3.) The case of the prosecution is that the deceased had taken the land of accused No.1 on lease basis and was cultivating the same. The land of accused No.1 was situated adjacent to the land cultivated by the deceased. Hence, whenever the deceased came to the land of accused No.1, he used to talk with the wife of accused No.1 and on account of which, accused No.1 suspected the deceased of having designs on his wife and had quarrelled with him even prior to the date of the incident. The deceased informed this fact to his brother, who is the complainant, who in turn had advised the deceased not to associate with the accused. That on 109.2008, the deceased and his brother went to their land and returned to the house at 30 p.m. The deceased, again went to the land. As the deceased did not return even after 6.30 p.m., his mother informed the complainant to go to the land. Accordingly, the complainant along with his friend Vijay Hittalmani, went to the land where they heard cry of the deceased and when they went they saw the accused assaulting the deceased with clubs and when the complainant asked as to why they were assaulting his brother, the accused stated that the deceased wants his wife and they also threatened that if he tried to save the deceased, they would do away with his life. Hence, while he was returning to house, at that time, he met Renavva-wife of accused No.1 and informed that as the deceased was talking with her, the accused got suspicion about the deceased. Thereafter, the complainant brought Eshwarappa and Malleshappa Hosamani from the village and took them near the land and at that time Sangappa Huddar and Basavanneppa Huddar and Madiwalayya Hiremath were taking the deceased to the Kalaghatgi Hospital wherein they were advised to take the deceased to KIMS hospital, Hubli and by the time they reached KIMS hospital by ambulance, it was 10.00 p.m. the deceased had died. That when the deceased was taken to the Kalaghatgi hospital, as Basavanneppa Huddar and Sangappa Huddar have endorsed in the register that the deceased had died on account of the attack by the bullock. Hence, a complaint was lodged against the accused. On the basis of the complaint, a case in Crime No.190 of 2010 was registered by the Kalaghatagi Police for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code. The prosecution, in support of its case, has examined 26 witnesses as PWs.1 to 26 and got marked 31 documents as Exs.P-1 to P-31 along with 13 material objects. The statement of the accused under Sec. 313 of the Code of Criminal Procedure was recorded and some portions of statement confronted to the prosecution witnesses were marked as Exs.D-1 to D-