SHANKAR RAO Vs. STATE

JUDGEMENT

(1.) These ten appeals arise out of an unusual case, tried by the aid of Assessors in which ten police constables attached to the Police Station House in a village called Chincholi were the accused. The Police Sub Inspector attached to that Police Station house WHS A-11 and its head constable was. A-12. All the twelve accused were tried before the Court of Session for offences said to have been committed by them on the 6th of March, 1954. A-1 was convicted of an offence punishable under Section 302 of the Penal Code and sentenced to death. A-2 to A-10 were convicted of offences punishable under S. 302 read with Ss. 34 and 149 of the Penal Code. They were sentenced to transportation for life and to pay a fine of Rs. 5/- or one month's rigorous imprisonment in default. A-11 and A-12 were acquitted of the charges on which they were tried. A-1 to A-10 have appealed to this Court against their convictions and sentences and the State has appealed from the order of 'acquittal of A-11. The learned Sessions Judge has submitted the proceedings to this Court for confirmation under Section 374 of the Code of Criminal Procedure. A-1 is the appellant in Criminal Appeal No. 2 of 57 and A-2 to A-10 are the appellants respectively in Criminal Appeals 3 to 11 of 1957. The State is the appellant in Appeal No. 19 of 57. All these appeals have been heard together.

(2.) The case for the prosecution is that at or about 10-30 P.M. on the night of March 6, 1954, A-1 killed one Siddaramappa in the village0 of Chincholi by discharging a rifle at him. In so far as A-2 to A-10 are concerned, the case for the prosecution is that they were members of an unlawful assembly and that Sidramappa was so k:illed by A-1 in prosecution of the common 'object of that assembly. It is stated by the prosecution that on, that night the residents of the village of Chincholi were celebrating their customary annual festival for which purpose, they had secured the presence of four courtesans from a nearby village. On the evening of that day A-l to A-10 who were as I have mentioned above, the police constables attached to the Police Station House of Chincholi, went to one Mohd. Khaja (P. W. 6), an Abkari Contractor of that village and secured from him the customary free supply of liquor. It is stated that after entertaining themselves in that way, they went to the house of one Gundappa where the four, courtesans were staying. The courtesans, it is stated, were getting ready to proceed to the Arkodswamy Temple for performing a musical concert and also a dance. A-1 demanded that those courtesans should be sent with him and P. W. 14 Marasappa who had to play on the harmonium during the musical concert at the temple, declined to comply with this demand. This appears to have led to an altercation in the course of which, the lantern in the house of Gundappa was smashed, the place became enveloped in darkness and the police constables started pulling, and pushing the women. At that stage, Mallappa P. W. 12 and one Irabhadrappa who has not been examined in the case, arrived and remonstrated against the police constables interfering with the programme arranged in the temple in that way. There appears to have been a second altercation as a result of the intercession by these two persons and it is also said that not only was there a battle of abuses between the two parties, but that the persons belonging to each party gave blows to those belonging to the other. All the persons who engaged themselves in these skirmishes then appear to have come out of the house of Gundappa where they were met by the deceased Sidramappa who also similarly remonstrated against the behavior of A-1. This again led to another further quarrel in the course of which, blows were exchanged and then A-1, together with A-2 to A-10 left the place threatening Sidramappa and the members of his party with reprisals. It is stated for the prosecution that thereafter Sidramappa and the other villagers went to the house of the Circle Inspector to report to him the conduct of the police constables and not finding him there, they went to the house of the police Sub-Inspector A-11, who, after hearing them, gave them an assurance that he would take necessary security measures. Meanwhile, A-1 to A-10 went to the Police Station House and were pointing out to accused 12 the Head Constable the injuries which some of them had sustained in Gundappa's house. At that time A-2, A-3 and A-10 told the other accused that their presence was required by A-11 the Police Sub Inspector, on learning which, all the accused there wore their uniforms, A-3, A-4 and A-12 armed themselves with rifles that were available in the Police Station House and all of them proceeded to the house of A-11. Then, it is stated, that these accused made angry demonstrations against the villagers of Chincholi, shouting slogans near the house of A-11 the Police Sub Inspector, and that A-1 to A-11 together proceeded to the Arcoaswamy Temple, it is next stated that when A-1 to A-11 reached the Mutt in that way, the courtesans, Sidramappa and the other villagers of Chincholi were inside the Mutt where the musical concert was nearing conclusion and that at that stage P. W. 13 Narsing Rao, the police Patel of the village went inside the temple and informed Sidramappa that A-11 wanted him. Sidramappa came out and after he came out, A-1 Shankar demanded that the courtesans who had been giving their performance inside the temple should be forthwith sent with him. This demand, it is stated, was repeated by some others who were standing behind 'Shankar. Sidramappa declined to so make available the courtesans to A-1 Shankar until the dance which had yet to take place was over. This infuriated Shankar A-1 who threatened to shoot down Sidramappa if he did not accede to his demand. Sidramappa challenged him to do so whereupon, Shankar A-1, shot him down. Sidramappa felt down crying that he had died and A-11, the Sub Inspector, asked the other accused to get back. It is then stated that Accused 2, 3 and 4 were sent by A-11 to a village called Tandur situate at some distance from Chincholi with the information recorded in a document (Ext. P-5) in which it was state that the Police Station at Chincholi had been raided by the villagers of Chineholi, that two or three constables had been beaten and that the Deputy Supt. of Police should visit the scene of occurrence. These three accused reached Tandur early in the morning, but even before they reached that place, A-11 had reached it and had handed over to the Deputy Supt. of Police P. W. 18 a copy of a wireless message which had been either dispatched or was intended to be dispatched from Chincholi to P. W. 18 during the night. This wireless message is recorded in a document Exbt. P-6 in the case. The Deputy Supt. of Police thereupon took accused 2, 3 and 4 along with him to Chincholi and sent for the Circle Inspector of Chincholi who arrived at the village by about 11 A.M. that day. The first information (Exbt. P-26) about this incident was given to the Deputy Supt. of Police by Irappa, father of Sidramappa at about 11-Q' Clock and that was in due course lodged in the Court of the First Class Magistrate at Chincholi by P. W. 19.

(3.) All the accused pleaded not guilty to the charges on which they were tried and some of them stated when they were questioned by the Court, that they were not at the scene of occurrence . When Sidramappa was killed. In this Court lengthy and elaborate arguments were addressed by the learned Advocates appearing for the appellants.