APPANNA YELLAWWA MADAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN the Court of the learned Sessions Judge of Bijapur four persons were charged with having committed an offence under Section 302 read with Section. 34, I. P. C. The case against them was that on the night between the 27th and 28th of April 1955, at about 3 or 4 a. m. , the four accused persons committed the murder of Tippanna Mangaleppa Madar in the Municipal office at Guledgud and that this murder was committed in furtherance of their common intention. The prosecution alleged that accused Nos. 3 and 4 facilitated the commission of this offence by standing near the two witnesses Durgappa and Kariyappa. Accused No. 3 is further alleged to have facilitated the commission of the offence by kicking and silencing the said Kariyappa, and accused No. 4 by instigating accused Nos. 1 and 2 to finish up Tippanna without delay. In the act of committing this murder, accused No. 2 held the legs of the deceased and accused No. 1 caused his death by inflicting injuries on his person with an axe. The accused denied the charge. The case against them was tried by the learned Sessions Judge with the aid of assessors. Out of four assessors who assisted the learned Judge, three were of the opinion that the case had not been proved while one was of the opinion that the charge had been established. The learned Judge agreed with the minority opinion and convicted all the accused of the offence charged. Accused No. 1 has been ordered by the learned Judge to pay the maximum penalty for the offence of murder, whilst the remaining three accused have been ordered to suffer transportation for life. The sentence of death imposed by the learned Judge on accused No. 1 has been submitted to this Court and it gives rise to Confirmation Case No. 24 of 1955. An appeal has been preferred by the accused persons challenging the order of conviction and sentence and that appeal is Criminal Appeal No. 1414 of 1955.

(2.) THE material facts leading to the prosecution can be set out very briefly. It appears that there is a colony of Madars within the Municipal limits of Guledgud town. The area where this colony is situated is known as Hardolli area. This area is at a distance of about 5 furlongs from the Municipality. Most of the males and females belonging to this community are employed in the Municipality as sweepers. The deceased Tippanna however was serving in the Municipality as a peon for the last 4 or 5 years before his death. He stayed in the colony with his wife Laxmawwa, his younger brother Sareppa and his mother Durgawwa. All, the four accused are likewise residents of Hardolli and they belong to the Madar community. It would appear that another Madar by the name of. Tippanna Nagappa was an influential person in this community and between him and the deceased the relations were bitter. The deceased did not like the conduct of the other Tippanna, in that he collected from the sweepers a certain percentage from their emoluments. This other Tippanna was a Municipal councillor and he abused his position by exacting levy from the ignorant sweepers. Since the deceased protested against the conduct of the other Tippanna, bitterness had increased between them and Chapter proceedings had in fact been commenced against the deceased person at the instance of the said Tippanna. That is the background of the prosecution case. It was the practice of the Municipality to appoint two sweepers for the nightwatch duty every day and this watch duty had to be done by the sweepers for 10 days at a stretch. On the night of 27-4-1955 Yalgurdappa and Kariyappa were to do the nightwatch duty as watchmen. Yalgurdappa however was indisposed and he sent his younger brother Durgappa as a substitute for him. It was the duty of the deceased to be in the Municipal office at night. Accordingly- the deceased had slept in front of the Chief Officer's office in the Municipal building. In due course Kariyappa and Durgappa joined their duties and they were lying asleep within the precincts of the Municipal building. At about 2 or 3 hours before daybreak, the four accused entered the Municipal Office. The electric light outside the building was burning as usual. Accused No. 3 stood near the feet of Kariyappa and accused No. 4 near the feet of Durgappa so as to prevent them from going to the rescue of Tippanna. The noise of the footsteps of these accused apparently woke up Kariyappa. Kariyappa saw that accused Nos. 1 and 2 went near Tippanna. Accused No. 2 held the legs of Tippanna and accused No. l inflicted injuries on his neck. Tippanna shouted in agony and that woke up Durgappa. After committing the offence of murder the assailants ran away. Kariyappa and Durgappa then proceeded to the hut of the relatives of the deceased Tippanna. The relatives accompanied by the two witnesses then returned to the Municipal Office. Meanwhile the news about this offence had reached the Sanitary Inspector who had contacted the police officer at the outpost, and the head constable had come to the Municipal office with 5 or 6 constables. Subsequently a complaint wa3 filed by Sareppa the younger brother of the deceased Tippanna, and the police officer from Badsmi police station came to the scene of the offence late in the evening and the investigation then commenced. Meanwhile the Police Patil and the head constable of the police outpost had done work by way of making, an inquest report and keeping a watch on the movements of the four accused. At 10 p. m. the four accused were arrested and at the end of the investigation they were charge-sheeted for the offence of murder under Section 302 read with Section 34, I. P. C. That, shortly stated, is the prosecution case.

(3.) IN support of their case the prosecution examined the two witnesses Kariyappa and Durgappa, They also relied upon the fact that from the toes of accused Nos. 1 and 2 blood-stained earth was taken out and the Chemical Analyser's report showed that the blood was human blood. The axe alleged to be used and which was apparently broken was produced by accused No. 1. The handle of the axe is reported to have human blood but on the axe-head the blood was decomposed and it was impossible to say whether it was Human or not. A towel alleged to have been worn by accused No. 4 was also produced and the case of the prosecution was that it fell from the head of accused No. 4 while they were running away.