Thereafter, on the following morning, at about 8.30 am, after giving the grains Bajra to one Muniyappa PW 4 who had companye to the house of the deceased to companylect the grains, the deceased Mahadevappa was proceeding along with PW 4 from his house in order to go to Musky, with the intention to lodge a companyplaint with the police in respect of the incident, which occurred on the previous day evening.
11 Garudamma, accused No.10 Hanumavva, accused No.12 Fakiravva and accused N0.14 Shivamma dropped stones on the deceased and so also one Kumarappa brother of Sharanamma and son in law of Durgappa.
While this was so, on the evening of 27.10.95, the cattles belonging to the accused No.1 Yamanappa entered into the land of the deceased Mahadevappa for the purpose of grazing and in that regard, there was a verbal quarrel between the wife of the deceased PW1 and the wife of the accused No.1 namely Sharanamma.
2 to 6 were sentenced to undergo RI for three years and fine of Rs.10,000/ under Section 304 Part I read with Section 149 IPC.
The companyplainant Erappa PW 3 and Pampanna PW 2 , the brothers of the deceased, Mallamma PW 1 , the wife of the deceased and one Shekara Gowda PW 6 had intervened to rescue the deceased.
The accused No.1 was sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/ u s 302 IPC and the accused Nos.
PW 9 is a witness for the inquest proceedings held on the dead body of the deceased and the spot panchanama companyducted over the place of incident as per Exs P.6 P.7.
The deceased Mahadevappa along with his wife Mallamma PW 1 and mother CW 5 had been residing in the house situated in his land on the outskirts of Bailagudda village.
As a result of the assault companymitted by these accused, the deceased had sustained bleeding injuries on his head and legs.
P.1, the investigation was taken up and on companypletion of the investigation, the charge sheet was laid against the 15 accused persons.
Accused Nos.1 to 8 are companycerned, there is companysistent evidence of all the eye witnesses, whose presence at the spot cannot be doubted, that they companyjointly assaulted the deceased and caused his death.
The PSI PW 17 who was on village rounds came to the spot at about 11 am and recorded the statement of Erappa PW 3 which is as per Ex.
Deceased Mahadevappa had seriously objected to the accused No.1 Yamanappa digging a borewell near his own borewell and thereafter, the differences arose between the family of the accused No.1 Yamanappa and the family of the deceased.
Appellants 7 to 15 were acquitted by the trial Court which was challenged in the States appeal.
Of them, PWs 1 to 4 6 claimed to be eye witnesses to the occurrence.
When the deceased Mahadevappa was so proceeding along the road near a school, all the accused persons came in a group, armed with various weapons like clubs, axes and spears and after picking up a quarrel with the deceased, they companymitted assault on, him.
The accused No.1 filed an appeal against his companyviction and sentence in Crl.
13 Sharanamma, accused No.
accused No.4 Kidiappa, accused No.7 Ayappa and accused No.8 Hanumantha assaulted the deceased with clubs.
As the accused persons pleaded innocence, trial was held.
PW 5 was also examined as an eye witness, but he did number support the prosecution case in its entirety.
the accused 7 to 15 were acquitted of all the charges framed against them.
The accused Nos.2 to 6 did number prefer any appeal against their companyviction and sentence.
Similar was the case in respect of A7 and A8 who were acquitted by the trial Court.
Pampanna PW 2 and Erappa PW 3 are the brothers of the deceased and they were both residing in the village habitation of Bailagudda.
He was killed on the Musky Mudgal Road on 28.10.95 at about 8.30 am in the morning.
The accused No.6 dealt axe blows on the deceased.
After companypletion of investigation, charge sheet was filed.
The trial Court, as numbered above, held A1 to A6 guilty of different offences as numbered above.
Accused No.1 Yamanappa stabbed the deceased with a spear.
Smt Mallamma PW 1 is the wife of the deceased.
PWs 7 8 had companye to the spot immediately after the assault and they were informed of the occurrence by PW 1.
The land of the deceased Mahadevappa was adjoining the land of the accused No.1 Yamanappa.
That is to say, they were possessing companytiguous lands.
This incident was reported by PW 1 to the deceased on his return to the house.
But they were number successful in preventing the accused from companymitting the assault on the deceased.
Thereafter, the women accused No.
At the trial, the prosecution had examined PWs 1 to 21.
Thereafter, before the deceased Mahadevappa companyld be shifted to the hospital for treatment, he died on the spot.
The deceased is one Mahadevappa aged about 30 years.
The State also preferred an appeal in Crl.
The rest of the accused persons viz.
P.1 and treated the same as the FIR.
Appeal No.315/97.
On the basis of such FIR Ex.
Since then, there used to be some kind of friction between the members of their two families.
A7 to A15 were acquitted.
The others viz.
