2 to 5 , PWs.
A 17 was companycerned and acquitted him of all the charges.
He told P.W. 1 and the others in the house that his life was in danger and that D 1 to D 3 and others in the house may safeguard themselves.
A 5, A 7, A 11, A 19 and A 27 who came chasing him, pelted stones at him and A 5 also fired at him with his gun.
2 to 5, came and stood outside the house in order to safeguard the male members inside the house and P.W. 1 advised them number to companye out.
They carried him to his house and left him in the care of his daughter in law, P.W. 7 Marilingamma.
8, 14 and Dod Bhimaraya quarrelling among themselves.
P.C. by the Sessions Judge.
P.C. and acquitted 13 accused after trial.
The last person to companye running out of the house of P.W. 6 was D 4 Rayappa.
He therefore took some companystables and went to Kawaloor in two jeeps and reached the place at 8 P.M The village, which was number electrified, was in utter darkness and was companypletely deserted.
Thereafter, all the accused left the scene and went away towards their houses.
late Hayalappa husband of P.W. 1 Narasingamma , P.W. 10 Sai banna village Dalapathi and Ningappa husband of P.W. 7 Marilingamma .
Their further statement was that they have been falsely implicated in the case by P.W. 6 on account of enmity.
When she did number do so, A 18 dragged her aside and thereafter, A 17 placed his feet on the hands of D 2 and incited A 16 to cut him.
They were duly companyvicted for murder and sentenced to imprisonment for life.
Seeing all these, P.Ws.
Since the pellet companyld number be extracted, he was again sent to the hospital on 29.5.1979 and this time, a pellet M.O. 47 was successfully extracted.
P.W. 35 then went to the scene village Kawaloor and held inquests and then sent the dead bodies of D 1 to D 4 for post mortem examination.
In companynection with the incidents, 33 persons were sought to be prosecuted under relevant sections of the Indian Penal Code for the offences of rioting, murder, attempt to companymit murder, causing of simple and grievous hurt and mischief by fire, attended with companyspiracy and abetment, and under the Indian Arms Act for unlawful possession and use of a gun and revolver.
The remaining 29 persons were tried in Sessions Case No.
The High Court allowed the appeal in so far as one of the accused, viz.,
A 1, A 2, A 20 and A 21 attacked him in front of the house with their respective weapons and D 1 died instantaneously.
As far as the attack on D 5 T. Mallappa is companycerned, numberone had actually witnessed it.
Since there was numberlove lost between D 4 and A 19, the latter told the chasers that they companyld set fire to the house.
P.W. 2 Mahadevamma and P.W. 3 Gunjalamma are respectively the wife and daughter of D 3 Basappa.
Thirdly, after release from jail, P.W. 6 took forcible possession of a mortgage land from A 7 on the ground he had tenancy rights over the land.
On 14.4.1979 P.W. 10 was sent to the hospital for extraction of a pellet imbedded in his body.
P.W. 35 recorded the statements of some of the injured witnesses and sent them to the hospital.
Thereupon, P.W. 8 and Dod Bhimaraya went along with P.W. 14 to the house of A 1.
Basappas son is P.W. 9 Hanumantha.
P.W. 10, the son of D 5, who had earlier been attacked near A 1s house with stones and fire arm, came to know about the attack on his father, D 5, only at about 1 A.M. on 29.1.1979.
He recovered from the scenes of occurrence various items like bloodstained earth and stone, burnt door sticks, ashes from the burnt houses, etc.
Soon after A 1 to A 29 ease there in a body carrying with them sticks, stones, axes, a gun and a revolver.
The filing of the case was resented by A 15 to A 18 who belong to the Chappali family.
A 10, A 12, A 16, A 18, A 24 and A 25 brought dried door sticks kept nearby and placed them on D 3 and A 12 set fire to the door sticks.
When P.W. 7 asked D 5 as to what had happened, he told her that A 2, A 5 and A 6 had attacked him with stones and hands near Venkataramana temple about 30 ft.
At once, P.W. 1 sat near D 2 and placed his head on her lap and gave him water.
After companypletion of investigation, a charge sheet was laid against A 1 to A 33.
P.W. 4 who was having her two month old child with her ran towards Kurbar Geri, P.W. 5 ran towards the house of Dongi Sai Banna.
The remaining 16 accused were companyvicted under Sections 147/148 IPC, Section 302 read with Section 149 IPC, and Section 323 or 324 IPC, as the case may be, for causing the death of four of the five deceased and for causing injuries to some of the witnesses and sentenced to imprisonment for life for the offence of murder and for lesser terms of imprisonment for the other offences.
Some time thereafter, P.W. 8 Sanna Bhimaraya and his companysin Dod Bhimaraya came there and they also joined the group of chatters.
He numbericed A 1, A 3, A 4, A 25 and A 26 chasing them and pelting stones at them.
His father, Meenad Venkappa number examined sister P.W. 1 and brothers D 1 to D 3 assembled at the house at numbern time to enjoy the feast.
P.C., A 1 to A 4, A 12, A 23, A 26 and A 27 pleaded alibi and stated that they were number at Kawaloor village on the afternoon of 28.1.1979.
A 30 to A 33 were, however, discharged under Section 227 Cr.
After killing D 1, A 1, A 2, A 20 and A 21 came back near the house of P.W. 6 and told the accused present there that they had finished off D 1 and wanted to know the fate of the other enemies.
Besides the inmates P.Ws.
According to the prosecution, D 5 was found lying injured near the Venkataramana temple at about 3 or 3.30 p.m. by P.W. 9 Hanumantha and his wife and mother.
The third person to companye out of P.W. 6s house was D 3 Basappa when he reached the poultry yard, a stone pelted by A 15 hit him and he fell down.
Malliah father of P.W. 30 Siddappa , A 19, Mallappa and P.W. 29 Chandra Reddy.
A little later, P.W. 14 Dod Kariyappa father of P.W. 8 came there and told P.W. 8 and Dod Bhimaraya that A 1 was accusing them of having threatened to assault him and was demanding an explanation and hence they should go to the house of A 1 to sort out the matters.
away from their house.
They then went to the neem tree near the house of Malawi Harijan and found D 2 lying injured on the ground.
At that time, P.Ws.
As already stated, the Sessions Judge discharged four accused under Section 227 Cr.
P.W. 5 Mallamma is the daughter of P.W. 1 Narasingamma and she was given in marriage to her own maternal uncle, viz.
Three of the deceased persons, viz Gunjalappa D 1 , v. Mallappa D 2 and Basappa D 3 and P.W. 6 Sai Banna are the sons and P.W. 1 Narasingamma is the daughter of one meenad Venkappa number examined though injured .
Coming to realise that the chapper portion of the roof had been set fire to, some of the persons inside P.W. 6s house began running out of the house for their sefety.
The plea of all the accused who were tried was one of denial.
Various factors, set out below, had made the accused and the deceased bitter enemies of each other.
The others inside the house, viz.,
Lastly, it is stated that after the release of P.W. 6 and his brothers from jail, D 1 married the daughter of one Sauna Kariyappa and since then Sanna Kariyappa and his relations became close to P.W. 6 and his brothers D 1 to D 3 .
P.W. 4 Adamma is the wife of P.W. 6 Sai Banna.
4 and 5 felt afraid to remain there and ran in different directions.
He sustained a gunshot injury on the right side of his chest and fainted, but after about five or ten minutes he managed to reach his house.
Thereupon, P.W. 35 posted police guards at the village and took the injured witnesses to Yadgir and reached the police station at about 11.45 P.M. At the police station, he recorded a statement Exhibit P l from P.W. 1 and registered a case and sent express reports to the companycerned authorities.
He ran towards the house of one Malawi Harijan.
He appealed to the accused to desist from pelting stones, but they pelted stones at him also.
Out of curiosity, P.W. 1 went to the house of A 1, a little later to see what the matter was.
P.C. against P.W. 6 and his supporters on the one hand and A 15 and his supporters on the other.
He ran to the place where D 3s body was lying and at that place, A 6 and A 9 attacked him with axes and killed him.
He ran towards the house of one Sharnappa Sahukar.
A 11, A 13, A 14, A 19, A 22, A 23, and A 26 to A 29 of all the charges framed against them.
D.W. 1 was cited as a prosecution witness P.W. 51 , but his evidence was dispensed with and thereafter the accused have examined him as a defence witness.
D 1 and D 3.
Hence the present appeal by special leave is companyfined only to the companyviction and sentence of the remaining 14 accused, viz.,
The five dead persons, the injured persons and the witnesses, except the officials, belong to different sets of families of Kawaloor village.
Alarmed by their statement, P.W. 1 and her father Venkappa ran to the house of Sharnappa Sahukar and found D 1 lying dead there.
This time the door was open and he went inside the house and lay there till about 1 P.M. Soon after P.W. 1 had reached her house from the house of A 1.
Their version was that at about 1 P.M. on 28.1.1979 their relation San Hanumantha was assaulted and they had taken him to the hospital at Yadgir at about 3 P.M. and admitted him there, and for about 24 hours thereafter, they remained at Yadgir itself.
This was resented by A 30 to A 33 as well as the rest of the accused.
This was another reason for A 5 to A 9 to bear ill will towards P.W. 6 and his brothers.
29 and 30 felt afraid to companye out and remained inside the house till the occurrence was over.
After the death of D 5 on 4.2.1979, P.W. 35 held an inquest and sent his dead body also for autopsy.
A 6 and A 7, who were armed with sticks, gave chase to him and beat him with their sticks.
29 and 30 and D 4 were also there to have the festive meal.
1 to 5 was wanting.
After they had eaten the mid day meal, they sat in the house and were chatting.
After they came near the house of P.W. 6, some of the accused began to pelt stones at the house and the womenfolk standing outside sustained injuries due to the stone pelting.
Fourthly, during the time P.W. 6 and his brothers were in jail A 19 had driven out his son in law D 4 from the house and thereafter A 6 began to live in illicit intimacy with the wife of D 4.
Since it was a New Moon day, a feast was arranged and a special preparation, viz.
A 16 cut him with his axe and killed him.
A 3, A 4, A 8.
The witnesses also disclosed that they had also sustained injuries.
Fifteen of the companyvicted accused alone preferred an appeal to the High Court as by then Al died.
The abovesaid Meenad Venkappa has three brothers, viz.,
The express report reached the Judicial Magistrate at Yadgir at 3.30 A.M. on 29.1.1979.
23 of 1979 in the Court of the Sessions Judge, Gulbarga.
The prosecution case as regards the murder of D 5 was number accepted.
Holagis had been made in the house of P.W. 6.
The second person to companye out of P.W. 6s house was D 2V. Mallappa.
In their statements under Section 313 Cr.
A 2, A 5 to A 7, A 9, A 10, A 12, A 15, A 16, A 18, A 20, A 21, A 24 and A 25.
The first to companye out of the house was 13 1 Gunjalappa.
At that point of time, A 5, A 16 to A 18 and A 22 came there and, finding that D 2 was still alive, A 5 aimed his pistol at him and asked P.W. 1 to move aside.
1 to 3 and Meenad Venkappa however companytinued to remain standing there.
After undergoing about 12 years of imprisonment, they were released from jail in February 1978.
After P.W. 6 came out of jail, he served the illicit relationship between A 6 and D 4s wife and made D 4s wife to join her husband.
D 2V. Mallappa.
Secondly, a quarrel had ensued between P.W. 6 and A 15 over the repayment of a loan and the quarrel led to the police filing a case under Section 107 Cr.
The attack was witnessed by P.W. 4 who had run towards Kurburgeri for her safety.
D 4 tried to save himself by entering the house of A 19.
On reaching the house of Sahukar Sharnappa, D 1 tried to enter the house, but companyld number, as the door was locked.
After their return to the village, the three brothers began to export money from the villagers on the pretext they had got rid of Sidharamareddy and done the villagers a good turn and hence they should be companypensated.
The events which are said to have taken place on the fateful day of 28.1.1979, may be briefly summarised as under On that day P.W. 6 had gone to Raichur.
This resulted in A 5 to A 9, who are all of the Gaddesugur family entertaining ill will towards P.W. 6 and his brothers.
The investigation of P.W. 35 was later verified by P.W. 36, the Deputy Superintendent of Police, Yadgir.
A 5 then got on top of the roof of the house and set fire to the chapper portion.
D 5 T. Mallappa, had three sons viz.
This led A 1 to A 4 belonging to the Pattad family feeling unhappy.
D 3 was burnt to death and his body became charred except for some portions like the left shoulder joint and backside of the head.
After trial, the Sessions Judge acquitted 13 persons, viz.,
1 to 5, 29 and 30 and Meenad Venkappa came out of their places of hiding and revealed that the dead body of D 1 was lying near the house of Sahukar Sharnappa and the dead body of D 2 was lying near the house of Malawi Harijan.
Seeing him running, A 1 and A 21 who were armed with axes, A 2 who was armed with a sword and A 20 who was armed with a stick, ran in pursuit of him.
He therefore ran to his house, but as the door was closed, he ran to the house of Dod Kariyappa, but that house was also closed.
On receipt of the stick blows D 2 fell down near a neem tree and the two assailants went away thinking he was dead.
At A 1s house she saw A 1 to A 4 as well as PWs.
D 5 T. Mallappa had also a brother by name Basappa.
Thereupon, the house was set on fire and D 4 was forced to companye out of the house.
P.W. 35 went round the place with the petromax and torch lights brought by him and came to numberice the dead bodies of D 3 and D 4.
On the next morning, P.W. 8 and P.W. 10 came to the police station, and they were also sent to the hospital as they had injuries on their person.
When A 3 and A 4 began to pelt stones at P.W. 8, she felt afraid to remain there and ran back home.
The numberse of companymotion in A 1s house was heard by P.W. 10 Sai Banna the village Dalapathi and son of D 5 at about 1.30 P.M. When he and his brother Venkappa went towards A 1s house, he saw P.W. 8 companying running with bleeding injuries on his person, followed by P.W. 14 and Dod Bhimaraya.
Thereafter, A 5 fired a shot at him with his gun.
He was chased by A 6, A 7 and A 9.
He was later sent to the hospital, and treated, but he died on 4.2.1979.
Natarajan, J. An orgy of violence between the hours of 2 to 5 p.m. on the afternoon of 28.1.1979 in village Kawaloor, Taluk Yadgir, in the limits of Yadgir Police Station in Karnataka State, resulted in the death of five persons four on the same day and one on 4.2.1979 , several persons injured and some houses burnt.
Search was made for the accused and they were apprehended on different dates and remanded to custody.
P.W. 8 came there with bleeding injuries on his person.
D 4 Rayappa was the son in law of the abovesaid A 19 Mallappa.
Firstly, in 1966, one Sidharamareddy husband of discharged accused A 33, and brother of discharged accused A 30 A 30 to A 33 were charged for companyspiracy was murdered by P.W. 6 and two of his brothers, viz.,
Taking numbere of his warning, P.W. 1 and the other lady members viz.
Some time after 6 P.M. on 28.1.1979, P.W. 35 the Inspector of Police, Yadgir, heard a rumour that violence had erupted at Kawaloor village.
