BASAVARAJAPPA Vs. STATE

JUDGEMENT

(1.) This Criminal appeal is brought from the judgment of the Sessions Judge, Bidar, convicting the two accused-Baswarajappa and Sharnayya -for the offence under Ss.307 and 447 read with S.34 of the I.P. Code and sentencing them each to undergo 4 years rigorous imprisonment under S.307 and 3 months rigorous imprisonment under S.447-the two sentences to run concurrently.

(2.) The prosecution case was, that Baswarajappa (A-1) assaulted Tukaram (P.W.,4) with a stick on 13-10-1975 and caused some injuries to htm. Tukaram reported that incident to Manikappa (P.W/8) and the latter suggested that a report should be lodged against A-1. It wap stated that both Baswarajappa (A-1) and Sharnayya; (A-2) did not like the suggestion of P.W.8 for having instructed P.W.4 to lodge the report for that incident. Therefore, on 14-10-1975 at about 8 a.m. when P.W.8 was working in his sugar cane field, these two accused came armed with axes MOs.4 and 5, assaulted PW.8 and caused him multiple injuries. After the assault P.W.8 fell down with injuries inside his field and the witnesses-Laxman, P.W.5; Vaijinath, P.W.6; and Vithal, P.W.7- went and saw him there. According to P.W.8 the incident was seen by Ajmeer Bee. P.W.9 a girl of 12 years who was said to be grazing her buffaloes and one another Thukaram (P.W.10) who had gone to collect leaves for his goats. Siddappa (P.W.12) the brother of the injured brought him to the hospital at Bidar. Dr.S.Kalavathi (P.W.11) examined the injured at about 11-30 a.m. on that date. It was stated in the injury report of the Doctor, Ex.P-5, that one lacerated wound 5" x 4" x 1" was found over the lateral aspect of the right radius and ulna with muscles exposed. Multiple fractures of both radius and ulna were discovered as a result of that wound. Besides this lacerated wound, 7 other incised wounds were detected by the doctor. One of the wounds at No.5 was the incised wound extending from the back of the left ear to the middle of the neck with muscles exposed, area 5" x 3" x 2". Meanwhile, P.W.12 had also gone to the police station at Bidar and instituted the first information report-Ex.P.6. It was recorded at 12-45 a.m. on that date. However, the F.I.R. reached the Magistrate at Bidar only on the next day at 11-30 a.m. M.O.4 and M.O.5 the two axes with which the accused were stated to have assaulted P.W.8 were subsequently recovered by the police Sub-Inspector, P.W.14, at the instance of the accused. The necessary recovery memos were premred and panch witnesses stated about that recovery. After the usual investigation a case of trespass under S.447 and attempt to murder under S.307 of the I.P. Code was instituted agajnst the two accused.

(3.) The prosecution produced 14 witnesses, of whom PW.8 was the injured and PWs. 9 and 10 were the eye witnesses. Tukaram, PW.4, was produced who stated about the motive that prompted the two accused to commit the assault. PWs.5, 6 and 7 were produced as they had come to the spot immediately after the incident. PW.11, Dr.S.Kalavathi came to prove the injuries. Siddappa, PW.12, the brother of the Injured was also examined. Besides these witnesses Lingangouda, PW.13 and C.Mohammed Ismail, PW.14 were the two Sub-Inspectors of Police who were the Investigating Officers.