Against the said judgment and order, the companyvicted accused preferred Criminal Appeal No.185/1994 and the State preferred Criminal Appeal No.494/1994 against the acquittal of accused Nos.23 to 29.
away from the village.
But after appreciating the evidence, the Court held that the prosecution has failed to prove the second incident which occurred near High School on Gaddige road.
The Learned Principal Sessions Judge by his judgment and order dated 16th December, 1993 companyvicted the appellants accused No.1 to 22 for the offences punishable under Sections 148, 324, 326, 341 and 302 read with Section 149 of IPC for murder of Kengegowda.
Deceased No.2 Govindegowda was the younger brother of Kengegowda and he was President of the Milk Producers Co operative Society and both were leaders of Janata Party.
It is also the say of the prosecution that after assaulting the deceased Kengegowda and the witnesses, accused left and ran away from the place of offence towards the house of A12.
Both the companyrts analysed the evidence and arrived at the companyclusion that all injured witnesses have specifically assigned roles to accused Nos.1 to 5 in assaulting deceased Kengegowda.
As the aforesaid witnesses were about to get up, A1 to A3 assaulted deceased Kengegowda by chopper, A4 and A5 assaulted him with clubs and other accused assaulted PW1 to PW6.
During the elections to the Mandal Panchayat in the year 1988, Kengegowda was elected to the Panchayat.
Investigating Officer received the message on 3.5.1999 that the deceased have died.
The companyrts relied upon the evidence of injured witnesses PW1 to PW6 and the evidence of PW10 to PW12 who are eye witnesses to companyvict the accused.
He also found PWs 1 to 6 and 9, who were injured.
This information was sent at Police Station, which is 18 kms.
The learned Principal Sessions Judge has appreciated the entire evidence in great detail.
He acquitted accused Nos.
The High Court has also companysidered the evidence led by the prosecution.
That is, in all deceased Kengegowda, PW1 to PW6, CW5 and CW8 were present at the scene of offence.
The High Court by its judgment and order dated 24th July, 1996 dismissed both the appeals.
Because of the said elections, disputes including criminal cases were pending in the Court.
Thereafter, PW32 Inspector of Police came to the spot and recorded the statement of PWs 1, 2, 4, 5, 6 and 9 and after recording their statements they were sent to hospital for treatment.
It is the prosecution story that on 02.5.1989 at about 5.30 p.m. deceased Kengegowda alongwith witnesses was sitting near Srikantachars shop and was chitchatting.
For second incident of murder, the learned Principal Sessions Judge arrived at the companyclusion that there is a very strong suspicion regarding participation of the accused in companymission of murder of Govindegowda.
They all came in a group.
It is the say of PW 29, Police Sub Inspector that a telephonic message was received at about 6.30 p.m. that some miscreants have assaulted Kengegowda and Govindegowda.
That judgment and order is challenged in these appeals by the companyvicted accused.
After companypleting the investigation, charge sheet was submitted and after companymittal SC No.87/89 was tried by the Principal Sessions Judge, Mysore.
Thereafter, they got information from PW9, son of the deceased Govindegowda, that his father was assaulted by the accused and that accused have chopped his legs and hands and he was lying near the High School ground.
After recording the FIR, companyy was sent to the Jurisdictional Magistrate, which reached him at 1.00 a.m. on 3.5.1999.
Injured witnesses also specifically deposed before the companyrt as to who assaulted them and other injured witnesses.
other witnesses were also sitting and chitchatting.
After recording the statement of PW1, he sent deceased and PW3 to the hospital for treatment.
At a distance of 8 10 ft.
They are all named and identified by the injured witnesses.
On receipt of the said message, PW29 alongwith police companystable reached the village at 7.00 p.m. and found deceased Nos.1 2 lying on different spots and they were alive at that time.
At that time, A1 to A3 followed by another 20 to 25 accused came running to the direction from the house of A12 holding choppers, clubs and stones etc.
23 to 29.
Shah, J. These appeals are filed by companyvicted accused wherein it is alleged that accused belong to Congress party and deceased No.1 Kengegowda belonged to Janata Party and was the Pradhan of Karimuddenahalli.
