MALLIKARJUNAPPA Vs. THAMMANNA

JUDGEMENT

(1.) This Criminal Appeal is filed by the complainant being aggrieved by the judgment of acquittal passed in S.C.No.81/2010 dated 06.11.2012 on the file of Sessions Judge and Presiding Officer, Fast Track, Kollegal sitting at Chamarajanagar.

(2.) The brief facts of the prosecution case are that there was an ill-will between the families of C.W.1, C.Ws. 13 to 21 and the accused in Sheelavanthapura Village and often they were quarreling with each other since the above C.Ws belong to Basaveshwara, Mahadeshwara and Parvathi God's Vakkaludararu whereas accused belongs to Siddapaji God's Vakkaludararu. There was a festival of Hullalu Siddappaji in Sheelavanthpura village in the year 2009 and villagers have collected chanda amount and there was a difference of opinion in respect of performing jathra between Sheelavanthapura villagers and Somanapura Villagers. Out of chanda amount collected by Sheelavanthpura villagers, Rs.38,000/- remained and the accused were demanding to utilize the said amount for Siddappaji kandaya and the injured persons were demanding to utilize the said amount for Basaveshwara Samudaya Bhavana and as per the decision of the villagers, the said amount has been used for Basaveshwara Samundaya Bhavana. On account of the same, verbal clashes took place between them and enmity increased. That on 26.02.2010, the villagers have demanded Devara Kandaya to perform Allamaprabhu Aradane. The accused No.1 and other accused did not give the amount for repairing of kandaya and refused to give the said kandaya to perform Allamaprabhu Aradane and there were verbal clash while taking meals on 26.02.2010.

(3.) It is further case of the prosecution that on account of said ill-will dated 26.02.2010, after the completion of Allamaprabhu Aradane Utsava, the accused persons have conspired in the house of accused No.7 with an intention to kill C.W.1 and his family members. Accordingly, on 27.02.2010 at about 10.00 am in front of the house of C.W.9 at Terekanambi-Bommalapura road when C.Ws.11 to 14 and 16 were standing, accused Nos. 1 to 6 with an intention to kill C.Ws.1, 11, 14 to 21 were holding machete, repiece patti, yelekottu and bandiguta by forming unlawful assembly shouted that they are going to kill them and ready to go to jail and quarreled with them. Accused No. 6 assaulted C.W.15 with a repiece patti on his right hand and caused bleeding injuries. Accused No.4 assaulted C.W.16 with a repiece patti on his head, both legs and right hand finger and caused bleeding injuries. Accused Nos.7 to 9 and accused Nos. 19 and 20 joined the said unlawful assembly by holding deadly weapons and accused No.20 in order to kill C.W.11 caught hold him and made him to fall down and accused No.18 assaulted C.W.11 on his chest and body with his legs and caused pain to him. Accused No.5 assaulted C.W.11 with a bandiguta on his head, both legs and caused bleeding injuries and accused No.3 assaulted C.W.4 with a reaper on his back and left knee and caused bleeding injuries. When C.W.1 tried to rescue, accused No.1 assaulted C.W.1 with a machete on his head. When C.W.1 tried to escape, a blow was given on his right hand as a result he sustained injuries to his right hand and accused No.1 assaulted C.W.1 with the said machete on his waist and caused bleeding injuries and accused No.6 assaulted C.W.1 with a yelekottu on his left hand and caused bleeding injuries. Accused No.5 assaulted C.W.1 with a bandiguta on his both legs, when C.W.17 came to rescue, accused No.7 assaulted with a bandiguta on his head and caused bleeding injuries. Accused No.8 assaulted C.W.17 with his hands and caused pain. Accused No.9 assaulted C.W.17 with a bandiguta on his left hand and caused bleeding injuries, when C.W.14 ran away from that spot and when C.Ws. 18 to 21 came to rescue, accused Nos. 1, 3, 4, 5 chased C.W.14 and accused Nos. 10 to 17, accused Nos.19 and 20 were holding chilly powder, yelekottu, reapers in their hands by forming themselves into unlawful assembly with an intention to kill, came from Shivappa's house and accused No.1 assaulted C.W.14 with a machete on his left knee and caused bleeding injuries and accused No.16 assaulted C.W.21 with a reaper on his left hand and his body and accused No.13 threw chilly powder on all the injured persons and accused No.21 assaulted C.W.18 with yelekottu on his head, both hands, right leg and caused bleeding injuries. C.W.19 and C.W.20 came running. Accused Nos.10, 11, 12, 14, 15, 17 chased them, when C.W.19 went inside the house and closed the door, accused Nos.10, 14 and 17 shouted in front of the house of C.W.10 in a filthy language and told him to come out from the house and threatened. Accused No.17 pelted stones on the door of the house and tried to gain entry into the house illegally and also he has broken the tiles of the house and dragged C.W.19 to the street. Accused No.14 assaulted C.W.19 with a kontu on his right knee and caused bleeding injuries and accused No.10 assaulted C.W.19 with a reaper on his left knee, left shoulder, right hand and accused Nos.11 and 15 hit C.W.20 and accused No.15 caught hold C.W.20 and accused No.11 pelted the stone on the door of the shop of C.W.20 and broke the said door and he has broken the weighing scale and instruments and also he assaulted C.W.20 on his left leg with a reaper and caused bleeding injuries and caused pain on his back and accused Nos.2, 12 and 19 joined the said unlawful assembly and gave instructions to the other accused to kill the injured persons even if Rs.1,00,000/- is spent, they will look after, as a result, the accused caused grievous and simple injuries to C.Ws.1, 16, 18 to C.W.20 and C.W.11 who had sustained grievous injuries later succumbed to the injuries and the accused have caused simple injuries to C.W.14, C.W.15, C.W.17 and C.W.21 and thereby committed the offences punishable under Sections 143,144, 147, 148, 114, 341, 504, 324, 326, 448, 427, 323, 120-B, 307, 302 read with Section 149 of Indian Penal Code.