BANUDAS DATTU PAWAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE material facts of the prosecution case3 disclose that the appellants (appellant 1-A2, appellant 2-A3, appellant 3-A4, appellant 4-A5, appellant 5-A6, appellant 6-A7, appellant7-A8, appellant-8-A9, appellant 9-A10, appellant 10-A11, appellant 11-A12) 1 t0 11 are A2 to A12. THE appellants 2 and 3 are brothers. THE A3 to A12 are the supporters of A2 and A3. One Sambhaji (deceased) is the brother of P.W.1-complainant. THEre were disputes between the appellants 1 and 2 with the family of the deceased over locating hutment in an area put up by the family of the deceased which was disputed by the appellants 1 and 2.

(2.) ON 15-7-2001 in the evening the appellants/A2, A3 and the deceased A1 before the Trial Court had threatened the deceased with dire consequence. In that regard the deceased, P.W.1-brother of the deceased, P.W.2-father-in-law of the deceased and P.W.3-cousin brother of P.W.2 and father of the deceased-C.W. 12 on 16-7-2001 around 6.00 a.m. were going from their village to police station to give complaint. The A1, A2, A3 and A12 wielding axes, A6 to A9 wielding clubs along with A4, A5, A10 and A11 accosted the deceased and the others. The above accused wielding axed and clubs assaulted the deceased severely all over his body. A1 assaulted P.W.2 with axe and A2 with axe, A9 with club and A76 with club assaulted P.W.3 when they attempted to intervene and rescue. The accused after causing deadly attach went away from the scene.

(3.) THE evidence of P.W.2 disclose that the A2, A3 and A12 assaulted the deceased with axe. THE A6 to A9 assaulted the deceased with clubs. THE A4, A5, A10 and A11 instigated the accused. It is further stated that the A1 assaulted him with axe and that the A2 with axe, A9 with club, A12 with axe and A7 with club assaulted the P.W.3.