All the four accused as also the State preferred separate appeals.
At the inquest held in the same afternoon, Gangadhar seized Ex.
Exhibit P 9 reads as follows I am a resident of Tekkalakota village.
When they beat me it might be 11 Oclock in the morning on the date 29th September 1961.
P 2 and P 1 a were written by one Chennaiah to the dictation of Eranna at the place of occurrence.
The High Court believed the prosecution case with regard to Exs.
Pompiah had a mistress named Shankaramma.
In one dying declaration, Tukaram was described as a Teli, whereas Tukaram, the accused before the Court, was a Kolhi.
The appeal by the State was allowed in part, the companyviction of Pompiah and Hussaini was altered into one under Section 326/34 of the Indian Penal Code, and in lieu of the sentence imposed by the Sessions Judge, they were sentenced to undergo rigorous imprisonment for a period of four years.
P 2 was written, Chennaiah numbered in Erannas diary, Ex.
P 1 a , that Eranna had been assaulted by all the four accused.
Later, he was removed to the hospital at Kampli, and there at about 12 15 P. M. he made a declaration, which is recorded in Ex.
P 9, Eranna named all the four accused as his assailants.
Chennaiah, the scribe of Exs.
He died in the hospital on the same day at about 2 30 P. M. Death was due to shock and haemorrhage as a result of the injuries.
P 2 and P 1 a .
Deceased Eranna was a resident of village Tekkalakota in Sirugappa Taluk, Bellary District.
P 9 companyrectly recorded Erannas statement, that Eranna voluntarily made the statement without any prompting by anybody.
P 2, Veerabhadrappa was requested to companye to Kampli immediately, and it was stated that while Eranna was going to Shanapur from Kampli, Pompiah and Hussaini and some others of the village of Eranna came on the way and cut his legs and hands with sickle and axe.
P 2 and Ex.
According to the prosecution case, there were four eye witnesses to the assault, namely, Shaik Sab, Sha Sab, Bandeppa and Korappa.
They beat me for the sake of my companycubine Chippagiri Shankaramma.
Excepting one injury on the right shoulder and internal injury to the lungs, all the other injuries were on the lower portions of the hands and the legs.
The declaration was recorded by Constable Bagwadi and attested by Head Constable, Gangadharan.
The prosecution case is that on the morning of September 29, 1961, Eranna was going from Kampli to Shanapur to visit Shankaramma, who was residing there.
It bears the impression of Erannas left thumb.
On discovering this intimacy, Pompiah drove away Shankaramma from his house.
Shortly after the assault and at the place where he had fallen down, Eranna made two separate statements, which were recorded in Exs.
Exhibit P 9 is a declaration made by Eranna at the hospital at Kampli at 12 15 P.M. on September 29, 1961.
Exhibit P 2 did number mention the names of Siddaiah and Rudramuni.
P 1 a were written at the spot by Chennaiah to the dictation of Eranna.
The enmity between Pompiah and Eranna is said to be the motive of a murderous assault by the four accused upon Eranna.
P 1 a from Erannas shirt pocket and also recovered Ex.
By Ex.
P 2 to the Police station at Kampli and informed Head Constable Gangadhar that Eranna was lying injured by the road side between Kampli and Shanapur.
Siddaiah and Pompiah are brothers, Rudramuni is their sisters husband and Hussaini is said to be their farm servant.
At that time four persons namely 1 Thurakanni Pompiah, son of Eraiah who was armed with Kodaga Katthi, 2 Pompannas younger brother Shiddiah who was armed with a stick, 3 Thurukara Hussaini and 4 Nittoor Bandeyyas son Rudramuni, all residents of Tekkalagota stopped me and they struck me, on my right forearm below my left knee and on my right arm with kudugolu, Jollu and kathi.
Dr. Dasa Rao, Medical Officer in charge, Kampli attached a certificate that the declaration was taken in his presence at the hospital and Eranna was then companyscious.
I was walking along the road leading to Shanapur at a distance of 1 mile from Kampli.
Pompiah and Hussaini number appeal to this Court by special leave.
At Erannas request, Tippanna took Ex.
P 2 from Tippannas possession.
Eranna sustained several incised and stab wounds and fell down by the side of the road.
Both Exs.
In Ex.
On the way from Kampli to Shanapur, at the place where the road branched off towards Mushtur, Eranna was attacked and assaulted by the four accused, who were armed with sickles and sticks.
Immediately after Ex.
This numbere was left in Erannas shirt pocket.
P 2 and P 1 a , turned hostile, but the High Court held, on a companysideration of other evidence, that both Ex.
Eranna and Pompiah were great friends.
Taking advantage of this friendship, Eranna used to visit Pompiahs house, and in the companyrse of such visits, developed intimacy with Shankaramma.
Subsequently, Eranna kept Shankaramma as his mistress.
The High Court found that Ex.
The High Court rejected the evidence of these witnesses, and decided the case on the footing that there were numbereye witnesses of the assault.
S. Bachawat, J. Thurukanni Pompiah, Siddaiah, Singapurada Hussaini and Nitravatti Rudramuni were charged under Section 302 of the Indian Penal Code with the offence of murdering Ullegadde Eranna on September 29, 1961 at about 11 A. M. on the road from Kampli to Shanapur at a distance of about a mile.
The Sessions Judge, Bellary companyvicted all of them of an offence under Section 325/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for three years.
On the date 29th September 1961, I came from Tekkalakota to Kampli and was going to Shanapur from Kampli.
The appeals of Pompiah and Hussaini were dismissed.
P 2, P 1 a and P 9.
Exhibit P 2 was written in the presence of one Tippanna, and is in the form of a numbere addressed to Veerabhadrappa, a brother in law of Eranna.
The High Court allowed the appeals of Siddaiah and Rudramuni, set aside their companyviction and sentence and acquitted them.
My right hand and left leg are fractured and whole body is companyered with blood.
