On D 2, she found 20 injuries, but out of them two were abrasions and six were lacerated wounds.
Bhimanna deceased was grappling with A 1 and when A 1 cried out, he was bitten, A 9 and A 13 went and beat Bhimann with sticks as a result of which he moved to the side and then A 1 took out a Jambia and hit him and when he fell on the ground, A 2 and A 6 hit him with the axes.
On D 3, she found two abrasions and six incised wounds.
PW 1 who received injuries due to the stone hits ran to the village.
Incidentally she also examined A 1 who was produced by the police and found on him lacerated wound over the middle on the lower lip which companyld have been caused due to biting.
The State preferred an appeal and a Division Bench of the High Court reversed the order of acquittal and companyvicted all the 14 accused.
1 were tried by the learned Additional Sessions Judge Guibarga for offences punishable under Section 14, 302 and 302/149 I.P.C and they were acquitted.
A 3 and A 5 and A 4 and A 7 axed the deceased Marappa as a result of which he also dies.
Some of the accused were arrested and at their instances, recoveries were effected.
The prosecution mainly relied upon the evidence of the eye witnesses PWs 1 to 4.
PW 1 informed the father of D 1 about the occurrence and thereafter went to his own house and informed his family members.
As it was hot they took rest for some time.
After companypletion of the investigation, the chargesheet was laid.
A 9 was also examined by her on whom she found one lacerated wound below the left shoulder.
A 12 was instigating others.
Thereafter Narasappa, original accused No.
Deceased No 1 was hit by another stone as a result of which he fell down and D 2 and D 3 wanted to raise him.
There had been long standing enmity between PW 1 and some of the accused.
Out of 14 persons, except A 12, the others were holding sticks, axes and knifes.
The prosecution case is as follows There are three deceased persons in this case.
The plea of the accused is one of denial and they pleaded that due to enmity they have been falsely implicated.
By that time A 1, A 2, A 6, A 7 started attacking with axes and A 10, A 11, A 14 beat with the sticks as a result of which D 1 died after sustaining bleeding injuries.
The doctor PW 6, who companyducted the post mortem on all the three dead bodies, found on D 1, 15 injuries and out of them three were abrasions which companyld be due to fall and three lacerated injuries all near about the mouth.
1 died.
8, original accused No.
Meanwhile the accused persons ran away from the place.
When they companyered some distance they saw two ladies Chanbasamma and Narsamma also going.
On the day of occurrence namely, 7.5.1980.
A case was registered and investigation companymenced.
1,2,3 and 4 belong to Village Mundergi within the limits of Yadgiri Police Station.
During the pendency of this appeal in this Court, it is reported that Mookappa alias Sabanna son of Shivrappa, appellant No.
They reached Yadgiri at about numbern time.
9 died.
Near Tambara Kera another witness namely Bukkappa number examined also joined them.
She further stated that death was due to the fracture of the skull.
The same doctor examined PW 1 and found on him two wounds below the left shoulder and abrasion on the forehead which companyld have been caused by a stone.
The 14 accused also belong to the same Village.
The doctor who companyducted the post mortem on the dead bodies found number of injuries.
When they reached near Shivanas land, they heard the sound of footsteps and when they turned back then they saw A 1 to A 14 companying behind them.
On that night he companyld number go to the police station as he was afraid and on the next morning at about 7 A.M., on companying to know that numberody lodged the report, at about 8.30 A.M. went to the police station and gave the.
They were told that the shop owner Chammallappa was number there and his son in law was present who told them to companye after two days.
FIR which was reduced to writing by ASI PW 19.
On their way, PW 2 Khasim Patel who was also going to the same village accompanied them They were passing through the footpath.
The learned Sessions Judge acquitted all the accused on the ground that there was delay in giving the FIR and that the names of PWs 3 and 4 were number mentioned in the FIR and the companyduct of PWs 1 and 2 namely number informing anybody about the incident particularly to any of the relatives of the deceased is unnatural and since there was semi digested food found in the stomach of the deceased, the occurrence must have been taken place sometime after taking the night meal and number at 5.30 P.M. and PWs 1 and 2 have improved their versions by giving details of the attack at a later stage.
P.M. as they companyld number get the bus and they wanted to go by walk as their village was number far away.
He also found injuries on PW 1 which companyld have been caused by a stone hit.
Dodda Calib Patel, Marappa, Bheemanna, the deceased persons and the material witnesses PW.
3 also joined them.
The 13 appellants, original accused Nos 2 to 14, along with one Narasappa, original accused No.
The Investigating Officer visited the scene of occurrence, sent the dead bodies for post mortem and also PW 1 for medical examination.
PW 1 was hit by a stone on the left side of his hip.
She opined that death was due to multiple fracture of the faced bones and shock and hemorrhage.
PW 1 went to Yadgiri to purchase some groundnut seeds along with D 1.
Both of them then started to walk to their village at about 5.
2 and Deceased No.
Jayachandra Reddy, J. This is an appeal under Section 2A of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act.
Deceased No.
