BASAPPA Vs. STATE

JUDGEMENT

(1.) The appellants were tried before the learned Sessions Judge of Bellary, in Sessions Case No. 14 of 1957 on his file, for the murder of one Mareppa on the midnight of 31-3-1957 at Benakal village, Bellary District. They are also tried for some other offences alleged to have been committed at the time of the said murder. They were convicted under S. 302, I.P.C. and sentenced to imprisonment for life. Further appellants 1 and 2(Basappa and Badrigadu respectively) were convicted for an offence under S. 324, for causing hurt to Mareppa, and sentenced to undergo rigorous imprisonment for three years. Appellant No. 3(Chakalabandi Adavappa) was convicted for an offence under S. 324 I.P.C. for causing hurt to P.W. 2(Mariswamappa) and sentenced to undergo rigorous imprisonment for three years. Appellant No. 4(Phothagadu) was convicted under S. 326 I.P.C. for causing grievous hurt to P.W. 2(Mariswamappa) and sentenced to undergo rigorous imprisonment for three years. The several sentences imposed on the appellants were made to run concurrently.

(2.) Accused 1 and 2 are cousins, Accused 3 and 4 are brothers and all the accused are related to one another. The case for the prosecution is that in the village of Benakal there were two factions; one of the factions was led by A-1(Basappa) and the opposing faction was led by one Handihal Hanumanthappa; feeling between these two factions were very bitter; the deceased and P.W. 2(Mariswamappa) belonged to the faction of Handihal Hanumathappa, whereas all the accused belonged to the faction led by A-1. It is further alleged that on the night of 31-3-1957, two haystacks belonging to A-1 and A-3 caught fire; at that time the deceased, P.W. 2 and many others were attending a Bajanna performance in Durgamma temple not far from the scene of occurrence; on seeing the haystacks ablaze, the deceased, P.W. 2 and many others went to the scene. With a view to have a nearer view of the burning haystacks, the deceased and P.W. 2 first stood on the roof of A-3's house and later on moved on to the roof of A-3's house which was close to the burning haystacks. The party of the accused suspected that the deceased and P.W. 2 must have set fire to the haystacks and further they were there to enjoy the fun. Hence all the accused surrounded the deceased and attacked him; at that time A-1, A-2 and A-4 were armed with battle-axes and A-3 was armed with a bana stick; A-1 cut on the nape of the deceased's neck; immediately thereafter A-2 also cut him on his neck; at that stage the deceased jumped down from the roof;' thereafter he was carried and thrown into the burning haystacks; at the same time A-4 cut P.W. 2 on his left elbow and A-3 hit him with the bana stick; P.W. 2 jumped from the roof and ran into his house: later he went to Moka Police Station which is about 6 miles from the scene of occurrence and gave the first information in this case at about 3 A. M. on 1-4-1957. That first information is marked as Ex. P-3 in this case. The police immediately came to the scene of occurrence but by the time they reached the scene, the body of the deceased was almost burnt.

(3.) 'The Head of the Department of forensic Medicine, Medical College, Mysore (P.W. 4 Dr. A. T. Srinivasa Iyengar) who examined the burnt bones and flesh of the deceased, was unable to give any opinion as regards the cause of death. So also P.W. 7(Dr. Y. Padmanabha Rao) who held the post-mortem examination was not in a position to speak about the cause of death. P.W. 1(Dr. B. N. Ramakrishniah) who examined P.W. 2 found two injuries on his person. One of them was a tapering cut wound 4" x 1/2" which exposed the bones of the elbow and the other was a lacerated wound 1" x 1/2" scalp deed situated 2" behind the right ear. He was of the opinion, that the injury on the elbow was a grievous one. There appears to have been some controversy in the Court below as to whether the bones and flesh recovered by the police from the burning haystacks were those of the deceased Mareppa. There is little doubt in this case that Mareppa. There is little doubt in this case that Mareppa had died on the night of 31-3-1957 and the bones and flesh recovered by the Police were those of the deceased. The trial Court, accepted the prosecution case on this point and its conclusions were not challenged before us. Hence it is unnecessary to go over that ground.