All the accused persons wrongfully restrained Dasanaika and murdered him intentionally causing injuries.
Brief facts which are necessary for disposal of this appeal are that a charge sheet was filed by Kavalande Police Station against 17 accused persons under Sections 143, 147, 148, 341, 302 and 324 of the Indian Penal Code hereinafter to be referred to as I.P.C. read with Section 149, I.P.C. Allegations were that accused 1 to 17 on March 24, 1996 at about 4.00 p.m. at Mallahalli village, Nanangud Taluk, formed an unlawful assembly with the companymon object to cause the death of Dasanaika, husband of P.W.1.
Another injured i.e. Shankar was admitted to a different ward.
Thereupon, Jayaraju kicked the water pitcher and kicked P.W.1.
But Shankara fell down and became unconscious.
He received as many as 29 injuries on dissection of his body, 9 injuries were also found including fracture of parietal and occipital bones and fractures on the hands and feet.
After necessary investigation, the police filed challan against 17 accused persons.
The police arrested the accused persons, the chopper and iron rod were recovered at the instance of the accused persons.
Thereafter, Dasanaika, the injured was immediately taken to the hospital and ultimately he succumbed to his injuries.
Similar is the version of P.W.6 and P.W.7.
She has very categorically stated that A 1, Papanaika was having the chopper in his hand and A 2 was having iron rod and A 7 A 8 were armed with clubs.
She has identified the chopper and iron rod with which her husband was assaulted.
It is alleged that at 4.00 P.M. she heard some shouting and she saw her husband, Dasanaika was being chased by a group of 10 to 12 persons.
He has also recognized the clubs which were in possession of A 3 to A 6.
Jayaraju allowed the bullocks to take water from one pitcher filled by Malligamma.
He has also supported the version that P.W.1 fell on her husband to save him and Shankara also came to rescue his uncle.
At the same time, other accused persons also hit him with stones which hit him on different parts of his body.
However, with the intervention of other elderly women Karigamma, Nanjamma and Kempanaik , she was persuaded to go back to her house.
He fell down near the house of Ramanaika and became unconscious.
Similarly, A 2, Mahadevanaika beat her husband by means of an iron rod on different parts of the body and rest of the accused persons beat her husband with the clubs and stones.
Prosecution examined as many as 36 witnesses and got a large number of documents exhibited.
They were all persons of other factions of the village and they were chasing her husband towards the house of Chairman Dasanayaka.
This was objected to by P.W.1.
Out of the 36 witnesses, there are seven eye witnesses examined by the prosecution and rest of the witnesses were to the recovery of the seized articles and the medical evidence.
A report of this incident was immediately lodged at the Police Station and on the basis of the statement of the P.W.1, an F.I.R. was chalked out.
In pursuance of such companymon object such assembly was formed and they were armed with deadly weapons like Chopper, iron rod, clubs and stones.
He has deposed that A 1 was having a chopper and A 2 was having an iron rod and the remaining accused i.e. A 3 to 6 were armed with clubs and others were throwing stones.
She ran towards her husband to rescue him and she raised her hands to ward off the blows on her husband the blows fell on her right hand and caused injuries to her wrist.
But her husband went to his younger brother, Puttaswamy for companysultation and thereafter they went to their elder brother, Ponnanaika.
Learned Additional Sessions Judge believed all these witnesses and after appreciating the evidence came to the companyclusion that there is numberinconsistency between them so far as these six accused persons are companycerned.
Aggrieved against the said order of acquittal dated April 3,1998 passed by the Karnataka High Court, the present appeal was filed by the State of Karnataka.
In the afternoon at 2.30 P.M. when her husband came back from Nanjangud Court she narrated whole incident of the maltreatment given by Jayaraju to her and she asked him to lodge a companyplaint.
He has also identified the chopper as well as the iron rod.
She was also cross examined at length and she was specifically companyfronted that she has number given all the names of the accused persons in the F.I.R. to which she has explained that she was dazed and therefore she companyld number furnish all the names.
The houses of Puttaswamy and Ponnanaika are adjacent to each other.
The case was ultimately companymitted to the Court of Session and learned II Addl.
Meanwhile, one Shankar, P.W.4, son of Ponnanaika came running to rescue her husband but he was also beaten with stones and clubs which hit his forehead and all over his body.
Sensing the danger he tried to run from the place but he fell down near Ramanaikas house and became unconscious.
Her husband fell down and became unconscious.
P,W.5 Kempanaika has more or less supported the version given out by Ws.1, 2 4.
Hence, the learned Division Bench acquitted all the accused persons.
He has also identified the chopper and iron rod.
Hence the present appeal has been filed against the order of acquittal of the aforesaid six accused persons.
When her husband, Dasanaika came near the house of Chairman Dasanayak, A 1 gave a blow by his chopper on the head of her husband and on other parts of the body.
K. MATHUR, J. This appeal is directed against an order of the Karnataka High Court whereby the Division Bench of the High Court has acquitted all the six accused persons by its order dated April 3,1998 passed in Criminal Appeal No.962 of 1996.
They also caused injuries on P.W.4 by stone.
