On that day, there was a festival and a procession was taken of the deity by the villagers.
The trial was held as the accused persons abjured guilt.
In all 25 persons faced trial.
However, the trial Court found only 6 of the accused persons to be guilty and therefore they filed appeals which were numbered as Criminal Appeal Nos.1344/2000 and 1359/2000.
The appeals filed by the accused persons were dismissed.
Accused Nos.
After the assault Kenchappa deceased , P.W.2 Shivakumar, Lokesh were taken to the hospital.
Thirty nine witnesses were examined to further the prosecution version.
After the death of Kenchappa on 7.10.1995 the offence under Section 302 read with Section 149 IPC was also added.
Similarly on prosecution side, Shivakumar PW 2 , Lokesh PW 3 and Murthappa PW 7 are the sons of the Kenchappa hereinafter referred to as deceased .
Accused No.6 is related to these accused.
The other appeals were filed by the accused persons who were companyvicted for offences punishable under Sections 143, 148, 504 read with Section 149, Section 324 read with Section 149 IPC, Section 326 read with Section 149 and Section 307 read with Section 149 IPC.
1 and 4 are brothers.
This ill will and enmity ultimately resulted in the assault on the deceased and his sons on 2.10.1995.
Thereafter, PW 1 a nephew of the deceased approached the jurisdictional police at Holalkere and gave his written information as per Ex.
The deceased and his children had also joined the procession.
Background facts in a nutshell are as follows The accused, the deceased and the material prosecution witnesses are all residents of Malladihalli village in Holalkere Taluk.
P.1, P.W.25 Mohammad Arif, S.H.O. of the Police Station on receipt of the written information from P.W.1, registered a case in Crime No.290/1995 for the offences under Sections 143, 147, 148, 504, 324, 307 read with Section 149 IPC against 18 named and other un named accused and investigation was taken up.
3 and 5 are the sons of accused No.1.
It is to be numbered that while accepting the States appeal, the accused persons were companyvicted for the offence punishable under Section 302 read with Section 149 IPC.
The other appeal was filed by the State as numbered above.
According to the prosecution when the procession came near the post office by the side of which is also the house of the accused, the accused group suddenly pounced upon the deceased and his children and assaulted them.
In spite of the treatment given to the injured Kenchappa, he breathed his last on 7.10.1995.
Accused No.2 is the son of accused No.4, whereas accused Nos.
Relation between the accused group and the deceased and his family members was strained over erecting an electric pole in the land of the accused, the line of which would have passed and benefited the deceased and his borewell in the land near by which was objected by the accused.
This took place around 6.30 P.M., or so in the evening.
Criminal Appeal 394 of 2001 was filed by the State of Karnataka questioning acquittal of the accused persons for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code, 1860 in short the IPC .
The High Court by its judgment dated 24th August, 2005 disposed of three appeals.
Dr. ARIJIT PASAYAT, J. These appeals are interlinked and therefore they are disposed of by this companymon judgment.
After companypletion of investigation, the charge sheet was filed.
