In companyrse of the trial, two, among the 28 accused on trial, died.
In the meanwhile, some of the accused went to Belgaum and got themselves admitted in Belgaum Hospital.
The companyplainant and his brother then proceeded from the farm house for their house Kasturi was also companying behind them.
P.15 before the companyrt.
When PWs 3, 4, 5 and 7 tried to save PW.1, they were also assaulted by accused number.
Ningappa PW.1 lodged a companyplaint against the accused for offences punishable under sections 143, 147, 148, 302, 326, 324, 506 and 504 read with section 149 of the Penal Code.
1490 of 2001 and 1491 of 2001 accused number 25 companyvicted under section 324/149 of the Penal Code did number file any appeal .
2, 3, 6, 9 and 16 also assaulted Basavanneppa, who died as a result of the assault.
Criminal Appeal No.
He suspected the hand of Sataveer and his men in the theft and had filed a companyplaint with the police against some of the accused in the present case.
He also examined the two sticks, six bamboo sticks and four pieces of stone, seized by the police and gave his opinion that the injuries caused to the persons examined by him, except injury number 5 of Ningappa, companyld be caused by those articles.
Both the cases were tried together by the Additional Sessions Judge I, Belgaum.
About three months prior to the occurrence, giving rise to the present case, there was an incident of assault by Sataveer and his mother Nagavva on Basappa.
The relatively lesser sentences for other offences in his case too are directed to run companycurrently with the main sentence.
P.2, P.3, P.4, P.5, P.6 and P.7 respectively.
1, 2, 5, 9 and 16 assaulted PW.1.
84/1993.
The High Court allowed the appeals insofar as Smt.
In regard to the rest of the accused the present appellants before this Court the appeals were dismissed and their companyviction and the sentences given to them by the trial companyrt was companyfirmed by the High Court.
71/1993.
They were shouting at and abusing Ningappa.
The High Court, by its judgment and order dated December 18, 2004, acquitted accused number.
1 to 28, armed with sickles and clubs came out from the side of the house of accused number 9.
Accused number.
In the present case, the accused pleaded number guilty and claimed to be tried.
This had further strained the relations between the two sides.
There the daughter of Beerappa accused No.
PW.17 is another doctor who had medically examined Ningappa and who proved his injury report Exhibit No.
1 to 5 causing grievous injuries.
Criminal Appeal No.
At that time Ningappa the Complainant had taken Basappa to hospital and had also prevailed upon Basappa to lodge a police report against Sataveer.
47 of 2007 is the step brother of Siddappa.
Out of the 10 companyvicted accused, 9 went to the High Court in two appeals being Appeal Nos.
9 appellant number 3 in Criminal Appeal No.
47 of 2007 quarreled with him and abused him.
On the same evening Beerappa and his people went to the house of the companyplainant and gave threats that they would finish off the companyplainants men.
On hearing their shouts, Kasturi, followed by Ningappas wife, Shanthavva PW.4 , Basavanneppas third wife, Balavva and Ningappas second son, Anand PW.7 , also came there.
At the companyclusion of the trial, the trial companyrt by its judgment and order dated September 7, 2001 in Sessions Case No.
Nagavva accused number 2 and Doddappa Ningappa Ugarkhod accused number 13 are companycerned and acquitted them of all the charges.
Sometime later, the starter of the electric pump set in the land of Ningappa was stolen.
16 to 28.
He carried a grudge against his father Basappa and the step brother Siddappa due to his fathers refusal to give him land in excess of his step brother.
On the basis of his statement a case was registered against Ningappa and some of the prosecution witnesses which was transferred to Bailhongal P.S. and was investigated along with the FIR of the present case.
According to the prosecution, Sataveer accused number1 appellant number 1 in Criminal Appeal No.
He proved the post mortem report made by him which was marked as Exhibit No.
On October 12, 1991 when Ningappa, his son Rudrappa and his younger brother Basavanneppa were in the farm house, Basavanneppas wife Kasturi PW.3 came there at about 7.00 a.m. and asked them to bring the cattle from the house to the farm house.
On intimation, the PSI from Belgaum P.S. went to the hospital and took down the statement of Sataveer accused number 1 in which he made the allegation of assault on him and his people by Ningappa and his party.
1, 2, 3, 5, 6, 9 and 16 under section 302/149 of the Penal Code, accused number 12 and 13 under section 326/149 of the Penal Code and accused number 25 under section 324/149 of the Penal Code.
The accused began to assault Basavanneppa.
He was given stick blows by accused number.
Both the appellants accused and the members of the prosecution party belong to the same family and live in the same village.
Ningappas younger sister, Gangavva PW.5 , also arrived at the spot.
Kasturi and proved their injury reports which were marked as Exhibit Nos.
The companynter case instituted on the basis of the companyplaint of accused number 1 was numbered as S.C. No.
PW.25 is the doctor who held post mortem on the deceased.
By the impugned judgment, the High Court disposed of two appeals, which came to it from a companymon judgment and order passed by the trial companyrt.
PWs 26, 27 and 28 are the police officers who investigated the case.
The injured on the prosecution side were sent to the hospital for treatment.
Two days before the occurrence the companyplainants son Rudrappa had gone to fetch water from the bore well.
47 of 2007 that was the last among the three appeals to companye to this Court is at the instance of Sataveer Basappa Hariyal accused number1 He died on November 10, 2009 during the pendency of the appeal , Honnappa Shiddappa Banni accused number 3 , Beerappa Shiddappa Huggi accused number 9 and Yallappa Kenchappa Vibhuti accused number 16 .
1064 of 2005 has been filed by Beerappa Demasheppa Deshanur accused number 5 and Maruti Demasheppa Deshanur accused number 6 .
Accused number.
PW.1 also received grievous injuries.
All the accused in that case were finally acquitted by judgment and order dated September 7, 2001 passed by the trial companyrt.
Shanthavva, Balavva Basappa Chandaragi, Anand Ningappa Chandaragi and Smt.
84/1993 acquitted 16 of the accused but found the remaining 10 guilty of the charges and companyvicted accused number.
71/1993.
On the way, as they passed in front of the Kannada School in village Maradi Nagalapur, accused number.
Aftab Alam, J. These three appeals arise from a companymon judgment and order passed by the Karnataka High Court.
After companypletion of investigation, a charge sheet was filed against the present appellants, accused in the case registered as C. No.
The prosecution in support of its case examined 28 witnesses PWs 1 to 5, 7 and 8 are eye witnesses PW.6 is the doctor who medically exmanined Ningappa, Ganganvva Nagappa Chandaragi, Smt.
71/1993 there were nine accused including PWs 1, 3, 4, 5 and 8 of the present case.
