The possession was with his children, but was being cultivated by deceased Mahadevappa, Devamma PW 14 and the children.
Puttaswamappa PW 3 was held by accused number4 and accused number1, accused number3 and the accused number2 attacked him.
Both these Sessions cases were tried together.
2, 3 and 4 were stated to be eyewitnesses.
The attack by the accused persons by means of crow bar, spade and club resulted in the death of Mahadevappa.
Therefore, the deceased, his son Sangaraju PW2 , brother Puttaswamappa PW3 and Mahadeveswamy son of accused number1 and PW 14 went to the said land.
PW 19 and he registered a case against these appellants and recorded FIR.
PW 14 wife of accused number1 spoke about the motive.
PW 2 prevented the cultivation of the land being done by accused Shivanna accused number1 .
When deceased came to his rescue, he was assaulted on his head by Ramesha accused number3 , Chinnaswamy accused number5 , Nanjundappa accused number6 and M.H.Mahadevappa accused number4 attacked deceased by means of crow bar, spade and a club.
The investigation was taken up by K. Srikanta, Circle Inspector of Nanjangud Circle PW 18 .
They began to demand more share for which accused number1 did number agree.
Since accused number4 was absconding his case was separated and separate trial in Sessions Case number178 of 1996 was held.
Thereafter, all the accused persons ran away from the spot.
The said companyplaint was received at about 2.00 p.m. by Puttannaiah, ASI, Nanjangud Rural PS.
Therefore, Lingaraju accused number2 hit on the head of PW 2 by means of a crow bar.
He treated PWs 2 and 3 and advised them to go for further treatment to Mysore.
In order to substantiate its case 24 witness were examined.
On 14.6.1995 in the morning, Devamma PW 14 and deceased learnt that accused number1 alongwith others was cultivating the land allotted to the share of Devammas children.
After some years, he discontinued companying to their house.
The accused persons were absconding.
The land of the accused number1 measuring 4 acres was being cultivated by him and since there was demand from his wife Devamma PW 14 to give a share to the extent of 1 acre 10 guntas to his children, which was accepted.
In support of the appeal, learned companynsel for the appellant submitted that the prosecution witnesses PWs 2 to 6 and deceased were the aggressors.
The accused persons filed appeal before the High Court questioning judgment of the Trial Court.
In furtherance of the voluntary statement, the weapons used in the offence were seized.
1202 OF 2006 ARIJIT PASAYAT, J. Leave granted.
After further investigation by Sri R.Malelsh, Circle Inspector of Police, T.Narsipur Circle, who was in additional charge of Nanjangud Circle, a charge sheet was placed against the accused.
The injured and the deceased were brought to the Primary Health Centre, Hullahalli, where Dr. Dhananjaya PW1 examined them.
Three children were born to them.
Doctor PW 1 who examined PWs 2 and 3 spoke about the injuries on them.
Arising out of SLP Crl.
Accused number1 was arrested on 20.6.1995 and his voluntary statement was recorded as per Ex.
The accused Nos.2, 3, 5 and 6 were arrested later on 8.9.1995 and were produced before Siddaiah, PSI PW 21 who recorded their voluntary statements.
An intimation was sent to the police and S.F.M.Mumtaz PW 17 went to the hospital and recorded the companyplaint of PW 2 and sent it to the police station for registration.
Challenge in this appeal is to the judgment rendered by a Division Bench of the Karnataka High Court partly allowing the appeal filed by the appellants.
He went to the place of offence, companyducted spot mahazar and took further steps.
