HANMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) All these appeals arise out of Sessions Case No. 3/8 of 1956 on the file of the court of Sessions, Raichur. There are eight accused in the case and Appeals Nos. 73 to 80 are appeals presented by them through Advocate and Appeals Nos. 90 to 93 are appeals presented through Jail by accused 1 to 4 respectively.

(2.) In the village of Humbhavi of Lingasugur Taluk, Raichur District, between the hours of 8 and 9 in the morning of the 3rd December 1955, a quarrel arose over the grazing of a cow which developed into a serious fight with' sticks and stones. At this fight one Eswarappa received grievous injuries. He died the following evening on the way to the hospital.

(3.) In respect of this incident, eleven persons, including the present eight appellants, were charge-sheeted by the Police before the Munsiff-Magis-trate of Lingasugur. The original charge sheet was for offences Under Sections 324 and 148 of the Indian Penal Code, which, with the permission of the Magistrate was subsequently altered into one for offences Under Sections 302 and 148 of the Indian Pfenal Code. The Magistrate discharged three persons and committed the eight appellants before us to the Court of Session, Raichur, to stand their trial for the murder of the aforesaid Eswarappa. The learned Magistrate framed a charge against case accused in identical terms as follows: