RANGAPPA HANAMAPPA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE two appellants were charged in the Court of the Additional Sessions Judge, Bijapur, with having committed an offence punishable under Section 302 read with Section 34, Penal Code. The charge against them was that on 28th August, 1952, at about midnight, at Vantigod, the two accused, in furtherance of their common intention to murder Lakkappa, caused his death whilst he was sleeping in front of the temple of Kamdev by letting down a stone on his left side which caused injuries to him and by cutting him with an axe with the intention of causing his death or such bodily injuries as were sufficient in the ordinary course of nature to cause his death. The accused denied the charge and pleaded innocence.

(2.) THE assessors with whose help the trial was held were unanimously of the opinion that the charge had not been proved beyond a reasonable doubt against both the appellants. But the learned Judge did not agree with this opinion and came to the conclusion that the prosecution had proved their case against both the appellants beyond a reasonable doubt. That is why he convicted both of them of the offence charged and sentenced each of them to transportation for life. Accused No. 1 has been directed to be kept in the juvenile section of the ordinary prison. It is this order of conviction and sentence which is challenged before us by Mr. Reddi on behalf of the appellants.

(3.) THE houses in which the two accused and the deceased Lakkappa resided were all situated in Madargeri, the Harijan locality of the village Ventigod. On a Saturday preceding the day of the offence, Tippawa, the wife of the deceased Lakkappa, was taking her bath in the lane between her house and that of accused No. 1. Just then accused No. 1 and accused No. 2 came near Tippawa and began to abuse her. This led to a quarrel between the deceased Lakkappa and the two accused. This quarrel brought on the scene a number of neighbours. Amongst them were Pendappa and Venkappa. The mother of accused No. 1 went to these witnesses and appealed to them to stop the quarrel that was proceeding between her son and Lakkappa. These two witnesses and others then proceeded to the houses of accused No. 1 and the deceased Lakkappa. They Intervened and separated the quarrelling parties from each other. In the end accused Nos. 1 and 2 went to their respective places of residence and Lakkappa and his wife likewise went home. Thereafter Lakkappa had gone to the village of Mudalgi to attend the bazar there. He returned on Thursday following at about 3 P. M. As usual, after night-fall he went to sleep in Kamdev's temple.