STATE OF KARNATAKA Vs. MAHANTAPPA

JUDGEMENT

(1.) AS many as 17 accused persons were put on trial before the learned Sessions Judge at Raichur on a host of serious charges in relation to an incident that took place at Bappur village on the morning of 10-10-1985. We need to prefix this judgment with the observation that the facts of this case are extremely gruesome and that the incident is accompanied by a high level of brutality which extended right up to the point of attempting to burn the corpse and destroy all traces of the evidence of the incident. It is alleged that on the morning of 10-10-1985 at about 8-30 a. m. the deceased Pampanagowda and P. W. 1. Veerabhadrappa had gone to the hotel of P. W. 4 Pampayya for some refreshments. When they came out of that place, they noticed a tractor belonging to accused No. 3 approaching with about a dozen persons in it. These persons had been identified as accused Nos. 2 to 14. The house of accused No. 1 is stated to be very close to the hotel and the allegation is that accused No. 1 on seeing Pampanagowda and Veerabhadrappa instigated the rest of the accused who had alighted from the tractor to chase these two persons and attack them. The mob thereupon got after the two who started running and they managed to get into the house of P. W. 8 Neelamma and closed the door. Accused No. 1 was apparently directing the operations and an attempt was made to get the victims outside the house by soaking cotton balls in kerosene oil, lighting them and throwing them on the roof of the house. Three of the accused are alleged to have got on the roof in an attempt to get them outside. Sensing the imminent danger, Neelamma opened the door as there were children in the house and came out. It is the version of P. W. 1 that A. 1 who was instigating others and leading them, told his companions that they should attack the real person whom they were after and therefore that they should not attack Veerabhadrappa but that they should attack Pampanagowda. A. 1 was armed with a sword and as far as the remaining accused are concerned, it appears that A. 2 was armed with an axe. A. 8 was armed with a spear and the others had sticks or clubs with them. P. W. 1 claimed that accused Nos. 2, 4, 5 and 8 had inflicted some injuries on him and after this Pampanagowda was subjected to a merciless assault by the accused persons. A. 1 inflicted grievous injuries on the deceased with a Sword, as a result of which Pampanagowda collapsed on the spot and died.

(2.) THE incident does not stop there because even though we have on record the evidence of P. W. 8 who is an elderly lady and who claims that she had virtually begged the accused persons not to indulge in the savage attack, that they pushed her out of the way and continued with the operations and after they realised that Pampana- gowda had been killed, they decided to do away with the body. It is alleged that accused Nos. 15, 16 and 17 who are women were ordered to bring cans of kerosene oil which they did. The body of the deceased Pampanagowda was thereafter carried by the accused persons and taken to the hut of P. W. 6 Mahanthappa and despite his protestations kerosene oil was doused all over the place and the hut was set on fire after which the accused left. The incident took place in the broad day light in the village and the shocked villagers could only help to extinguish the flames after which P. W. 1 Veerabhadrappa made his way to the Police Station and lodged the FIR at 12-30 in the noon. In the FIR he has named 12 accused specifically and mentioned two others with them and he has given a broad outline of the incident. The Police thereafter commenced the investigation and it is alleged that the weapons which were used in the course of the assault were recovered at the instance of some of the accused. Even though the evidence in this regard is not very satisfactory, the case essentially depends on oral evidence and to some extent on the medical evidence and on completion of the investigation the 17 accused were put on trial before the learned Sessions Judge. The trial Court in the course of a detailed judgment has virtually dealt with each and every aspect of the oral evidence and the circumstantial evidence and has systematically demolished every single ingredient of this and has recorded the finding that there is virtually no material on the basis of which the charges could be sustained and consequently acquitted the accused. The State of Karnataka has assailed the order of acquittal through the present appeal.

(3.) AT the hearing of the appeal, the State was represented by the learned SPP, Sri Bannurmath who has done an absolutely first class job. On behalf of the respondents-accused, Sri Devraju, learned Senior Advocate has appeared and we need to also record that he has done an extremely admirable job arguing the appeal on behalf of his clients. The record in this case is relatively heavy. The appeal is a very hotly contested one. There are a large number of accused and intricate points of law have also arisen for decision. We have been admirably assisted by the two learned counsel which is why we consider it essential to make a special reference. Before we proceed to deal with the case on merits we need to record that original accused Nos. 3, 11 and 14 are dead and the learned SPP points out that as far as they are concerned, that the appeal is not pressed. Effectively the appeal abates as against these three accused and therefore, the order of acquittal as far as they are concerned would not need to be interfered with.