BALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellants are 13 in number. Two charge sheets were filed, involving all the accused and one Bhimanagouda Desai of Hadnoor village, Taiuk Shorapur, by the Kembhavi Police, alleging that they had committed offences punishable under sections 147, 148, 302 read with section 149 I.P.C. The deceased is one Siddanagouda of Yevoor village situated 5-6 kms. away from Hadnoor, Bhimanagouda Desai was shown as absconding.

(2.) The cases were committed by two Committal orders to the Court of Sessions, Gulbarga. The Additional Sessions Judge, Gulbarga clubbed the two cases and held common trial. He re-arraigned the accused in the two cases as A. 1 to A. 13. The case against Bhirnanagouda Desai was bifurcated as he was absconding.

(3.) The prosecution case is that there were two factions, one headed by Channareddy of Hadnoor and the other by Bhimanagouda Desai of Hadnoor. All the accused belonged to the faction of Bhimanagouda Desai of Hadnoor while the deceased, his son PW-1, Shankaragouda PW-3 a relative of the deceased, Chandrayya PW-4 a close relative of the deceased being his sister's son and others belonged to the faction of Channareddy. Because of this faction between the said persons, cases and counter cases and proceedings under Section 107 of the Code of Criminal Procedure and also proceedings for extradition were pending. In the year 1978 a compromise between the two factions was siruck in the Office of the Deputy Commissioner and District Magistrate. Gulbarga. Thereafter no incidents of serious nature had taken place between the parties. In 1982 a Swamiji of Gadag Samsthan came to the village and brought about further understanding between the two factions. Photographs as evidenced by M. Os. 12 and 13 wara taken at that time. Inspite of this truce between the two factions having been brought about in 1978 and 1982 enmity between A. 9 and the deceased continued te exist.