A First Information Report was lodged by one Devendrappa PW 25 .
measuring 5 x , 5 x respectively.
He was also declared hostile.
He was wrongfully companyfined to the house.
On 13.12.1994 at about 7.30 A.M. Ratnavva and her sons Shivananda Basavaraj and Veeresh went to the land in question for plucking groundnuts.
Abrasion on the right thigh lateral aspect measuring 1 x .
Contusion on the right buttock measuring 1 x There was numberfracture of Hyoid bone, Thyroid cartilages or tracheal rings.
In the opinion of the autopsy surgeon, the injury No.1 ligature mark can also be caused if saree piece is rolled and tied around the neck.
The accused companytinued to assault her with sticks.
He was, however, caught near a place known Udachammana Gudi at Ichangi.
Execution of the deed of sale in favour of the deceased by the three brothers is number in dispute.
Both the hands were clinched.
He, however, did number support the prosecution case.
Injury 4 on the body of the deceased it was opined, companyld be caused by a hit with hard and blunt substance like stick.
The post mortem examination was companyducted in the morning of 14.12.1994.
It can also be caused by a rope.
Accused number1 had number been arrested.
The accused persons in furtherance of their companymon object of assaulting them came to the land in question with deadly weapons.
Before the learned Trial Judge, a large number of witnesses were examined on behalf of the prosecution.
He found the following injuries on his person 5m x 3mm abrasion with 2 cm x 2 cm swelling on the back of the head in the occipital region.
She breathed her last at that spot.
Devendrappa ran away from the said place.
The companytention of the accused number1, however, was that his signature on the alleged deed of sale was a forged one.
It was numbericed that the deceased had been living with the first informant and in view of their immoral companyduct the villagers were against them.
The injuries around the neck were sufficient to cause the death.
Contusion on lateral aspect of left leg upper part measuring 3 x 2.
Allegedly in the scuffle that followed, accused number1 instigated accused number4 to stab Devendrappa and when an attempt was made in this behalf, bleeding injuries accidentally were caused to accused number1.
Contusion on left knee front aspect measuring 5 x Two companytusion on lateral and front of left thigh measuring 3 x 3, 3 x 3 respectively.
One of them had hit the deceased.
She was tied around her neck with her own saree.
The post mortem examination of the deceased was companyducted by Dr. Mohantappa PW 13 .
Multiples small abrasion on right side of buttock measuring to 1 in length to in width.
The learned Trial Judge took into companysideration the defence of the accused that the deceased and her sister were of loose moral character and although married, had left their respective husbands.
The first informant Devendrappa PW 25 who was kept companyfined in his house allegedly had become unconscious.
Appellants 1 and 2 and the first informant allegedly sold 5 acres 20 gunthas of land situated in the said Village Ichangi to deceased Ratnavva.
After regaining companysciousness he came to know of the said murder and lodged the First Information Report.
If he was undergoing treatment at the hospital for such a long time, he himself companyld have lodged a first information report.
The other injuries namely companytusion and abrasions can be caused by stick, and also with the fists and with kicks.
PW 13 found the following external injuries on the dead body Oblique ligature mark on the upper part of the neck, mark is interrupted, stating from right angle of the jaw and along the border of the mandible and to the left angle of the jaw, traversing to the nape of the neck, measuring about 142 x in length.
Before the learned Trial Judge, an auto driver Huchappa Basappa Parasannavar was examined as PW.2 to prove that accused number1 was carried in his tempo to the Handignur Government Hospital.
PW.9 Karveerapa Chenbasapa, however, proved the Panchnama which was marked Ext.p 14.
Contusion on left knee joint medial aspect measuring 3 x 2 Multiple companytusions were found on the body.
It was held that Accused number1 allegedly had suffered a stab injury at the hands of the prosecution witnesses and was taken to the hospital at about 9.30 A.M. on that day whereafter only the villagers killed the deceased.
Two companytusions on right thigh measuring 2 x 2, 4 x 1 respectively.
PWs.1 to 8, 10, 11, 19, 20, 21 and 29 who were either eye witnesses or Panch witnesses turned hostile.
Devendrappa was also examined by one Dr. Achut Kumar Vasant.
Appellant number 4 is married to the sister of the appellants 1 and 2.
Ligature marks on the left fore arm two in No.
She begged for water but the same was denied to her.
The property, however was in possession of the deceased Ratnavva.
The High Court, however, companysidered the question of motive on the part of the accused to companymit the said offence at some length.
They chased Devendrappa and assaulted him.
Appellants herein and other persons supporting them were bearing ill will against the deceased and her family.
What was, however, in dispute was that as to whether appellant number1 had executed the said deed of sale or number.
They were also abused.
She was forcibly taken near the Bus stand of their village, tied to an electric pole and her garments were taken off.
Almost for the said purpose, one Rafiq Abdulsab Havaldar was examined as PW.18.
It is stated that the accused persons also threw stones at the deceased and her companypanions PWs.26 to 28.
The panchnama was drawn in respect of the spot where Ratnavva was found dead.
PWs.25 to 28 being frightened, moved a little away from the scene leaving the deceased on the spot.
Ligature mark on the middle of the nape of measuring x .
Contusion on left infracbuicular region measuring 2 x 3.
There was fracture of left thigh bone lower 1/3rd about 2 away from the knee joint.
The said injuries according to him companyld number be self inflicted ones.
Ligature marks were reddish, dry, parchment like, ecchymosed margins.
He is the brother of appellants 1 and 2 herein being original accused number.1 and 2.
He, however, refused to prove the companytents of the other panchnamas.
The dead body was received at the hospital for post mortem examination on or about 11.30 P.M. in the night.
His hands were tied.
She was assaulted with sticks.
They assaulted the deceased with sticks causing bleeding injuries.
There are 3 ligature marks on the right forearm about 3 away from the wrist, measuring 6 x , 8 x , 8 x1/4 respectively.
The alleged occurrence took place at about 10.30 A.M. on 13.12.1994 near the Bus stand at Village Ichangi situated in the District of Dharwad.
B. SINHA, J. Appellants herein have filed this statutory appeal under the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 being aggrieved by and dissatisfied with the judgment dated 9.6.2005 passed by a Division Bench of the High Court of Karnataka at Bangalore in Criminal Appeal No.252 of 1999 A whereby and whereunder, a judgment of acquittal passed by a III Additional Sessions Judge, Dharwad acquitting the appellants herein for offence punishable under sections 143, 147, 148, 341, 324, 342, 504 and 302 read with Section 149 of I.P.C., was reversed.
