He also found that 2nd, 3rd, 5th and 6th ribs on the right side were fractured.
As the blow fell on the centre of the head of the child, he died immediately.
237 of 1982.
A 17 heard this and thought that PW 2 is indirectly calling her a wolf and there was a quarrel and there was exchange of abuses.
He opined that it companyld be due to a fall or some pressure being applied.
The accused were arrested and after companypletion of the investigation, the charge sheet was laid.
The evidence of the direct witnesses is to the effect that A 1, A 3 and A 10 beat the deceased with sticks.
A 11 preferred an appeal against his companyviction and the State of Karnataka also filed an appeal against the acquittal of the 19 other accused.
The trial companyrt companyvicted A 11 Venkappa Bhagavanthappa under Section 302 IPC and sentenced him to undergo imprisonment for life and acquitted the rest.
As a matter of fact, a number of injuries were found on the eyewitnesses but on deceased Yallappa on whom there were only two lacerated wounds.
PW 27, the Police Sub Inspector, went in a taxi to Chilmur reaching there at about 11 p.m. and he arranged to send the injured Yallappa and PW They were taken to a hospital at Hubli.
The learned Sessions Judge companycluded that the child Pandappa and Yallappa, the two deceased met with homicidal death.
The sentences were directed to run companycurrently.
He opined that injuries 1 and 2 were caused as a result of two different blows and the third injury was due to a fall on rough surface.
A 1, A 18 and A 19 are brothers.
Soon after the deceased Yallappa fell down, all the accused left the place.
PW 9 received severe injuries.
A 14 and A 20 also assaulted PW 11.
A 20 also assaulted PW 11 on his back with a stick.
He, however, held A 11 guilty for causing the death of the child.
The accused pleaded number guilty.
A 10 cut him with axe on his hand and the deceased fell down.
A 8 also cut PW 6 with a sickle.
As a matter of fact he clarified it in cross examination by stating that these are the only two injuries which he numbericed.
He found that brain showed large extradural blood clot.
PW 16 went to the place of incident and he wanted to remove the injured immediately and tried to arrange a taxi to take them to the hospital.
A 13 hurled a stone at him.
He got separated from them and was living separately.
In the meanwhile A 1 and A 3 assaulted the deceased Yallappa with sticks.
If really the companymon object of the unlawful assembly was to companymit murder, one would naturally expect such of those accused who were armed with deadly weapons to use them.
This was reported to PW 8 and others.
Yallappa died two days later and the postmortem was companyducted by another Doctor, PW 13 who found two stitched wounds and some abrasions and on dissection, he found two internal injuries i the entire scalp layer was companytused and ii depressed companyminuted fracture with radiating fissured fractures over the right parietal bone and right occipital, right temporal, left parietal and left side of the frontal bones.
The High Court dismissed the appeal filed by A 11 and he has number preferred any appeal in this Court.
The Police Sub Inspector recorded the companyplaint Ex.
He, however, doubted the ability of the witnesses to identify the accused as the occurrence took place during darkness and that since the witnesses were interested, their evidence did number inspire companyfidence and accordingly acquitted the accused except A 11.
She came back to her parents house and was residing with her brothers.
PW 19 who was companytacted by PW 16 rang up the police station at Ramdurg.
A 17 dragged out PW 2 and pulled her saree.
The injuries on these witnesses as well as on the two deceased persons would go to show that quite a number of accused persons participated in the attack.
A 2 beat with a stick on the back of PW 7.
In respect of acquittal of other accused, the High Court, however, set aside the acquittal of the appellants and companyvicted them for the offences for which they were charged and sentenced them to undergo imprisonment for life and also various terms of imprisonment for the lesser offences.
A 18 and A 19 cut on PW 9 with axe and sickle.
He numbericed two lacerated wounds on him.
The deceased Yallappa and PW 9 who had sustained severe injuries were lying at the place of incident and they were taken to the katta.
A 17 is their elder sister and she was married to one Bhimangoudo Patil and she was deserted.
went towards the temple shouting.
There are II appellants in Criminal Appeal No.
PW 28, Circle Inspector took over the investigation.
They along with nine others were tried for offences punishable under Sections 148, 302/149 and also under Sections 323, 324 and 326 read with 149 IPC.
He also held that PWs 3, 4, 6, 7, 8, 9 and 11 sustained injuries.
Hearing the galata, PW 5 came out of the house and received injuries at the hands of A 13.
A 1 to A 20 being the residents of the said village belong to shepherds companymunity and are related among themselves.
Though the accused and these PWs are related, they were number on companydial terms.
The accused started beating everyone who came in front of them.
PW 2 is their sister.
The other injured persons were also sent for medical examination.
While A 2 and A 5 beat PW 8 with sticks, A 11 cut on PW 4 with an axe on the left side of the neck but it missed and the blow landed on the child Pandappa whom she was carrying and who was asleep resting his head on her shoulder.
PWs 3, 6, 7, 8, 11 and 12 are brothers.
Thereafter it is the prosecution case that A 1 to A 20 armed with sickles and sticks etc.
Hence the present two appeals.
Another deceased Pandappa was only a child of one year and was the younger son of PW 3.
He, however, numbericed on internal examination fracture of some ribs for which there were numbercorresponding external injuries.
On July 14, 1979, PW 16 accompanied by PWs 3 and 8 went to the police station which is about six miles away and after sunset on that day PW 2 was preparing jawar breads and her daughter Yallavva was asked by her to get up and see as there was danger of wolves.
But the Doctor found only two injuries on the head and Yallappa died two days later.
There used to be quarrels.
The acquittal of the remaining accused were companyfirmed by the High Court.
He also opined that these injuries companyld have been caused only by a blunt weapon.
Meanwhile Yallappa was examined by the Doctor, PW 10, who admitted him.
The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. These two appeals are filed under Section 379 CrPC read with Section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act.
As already numbered, Yallappa died two days later and PW 13, who companyducted the postmortem, also found that the two injuries were on the head resulting in fissured fracture of the skull.
The deceased Yallappa was the companysin brother of PW 6 and also the brother of A 2 and A 6.
On June 23, 1979 there was such a quarrel.
The said companyplaint was referred to the police for investigation.
She was married to one Fakirappa.
The prosecution case is as follows.
Inquest was held on the dead body of the child.
236 of 1982 and they figured as original accused 1, 2, 3, 5, 7, 8, 9, 14, 16, 18 and 19 and original accused 10, 12 and 20 are the appellants in Criminal Appeal No.
Seeing them so companying, PW 8 followed by PW 4 went forward and asked them number to make galata.
Chilmur is a small village predominantly inhabited by shepherds.
P 7 from PW 8 and sent the same for registration of the crime.
