Then A 1 assaulted PWs 4 and 5 and all the six accused who were injured, got themselves admitted into the hospital.
On internal examination, he found clotted blood in the pleural cavity and injuries to the lungs.
The other passengers of the bus became frightened and got down from the bus and ran away.
A 5 gave a companyplaint Ex.
The sentences were directed to run companycurrently.
Accused 1 to 6, however, Stated that they boarded the bus at the City bus stand on that day and they were standing near the rear door, while the three deceased persons and PWs 1 and 2 were sitting on the seats and that each of them was armed with a satchel companytaining sickle, they threatened the accused and when the bus stopped near the Bastwad cross, PW 2 took out a pistol and others took out sickles and they started assaulting them and as they apprehended that they would be assaulted, the accused persons took out their sickles and started assaulting them.
The same Doctor also examined accused persons also.
Yallappa, D 2 and one Paris Bhima Pathani were arrested.
The Circle Inspector companyducted the inquest over the dead bodies of D 1 and D 2 and sent them for postmortem.
PW 2 fired a shot but the accused did number know who was hit by the shot and A 6 hit with the sickle on the hand of PW 2 and his pistol fell down.
After his fathers death, D 1 was helping Chutibi in the litigation and the deceased Nemanna, brother of A 1 was helping Kulasumbi, the opposite party in the said litigation.
The effect of number explanation by the prosecution about the injuries on the accused persons depends on the facts and circumstances of each case.
The companyductor and the driver of the bus also ran away.
On hearing that, D 1 got up from his seat and moved towards the right side seat and stood there resting on the seat.
They were also injured.
There he saw a white car and accused 1, 2, 3 and 8 were in it.
Then A 6 picked up the pistol and held as if he was about to fire.
Then accused 1, 2, 14 and others assaulted him with sickles.
A 2 and A 11 assaulted PW 3.
Accused 2, 6, 7 and 8 stood near the entrance after getting into the bus.
A 1, A 10 and A 11 are full brothers and they have been living separately.
The said Kallappa was helping Chutibi and was cultivating her land as tenant.
At that time, a white car came from Bagewadi side and stopped near the bus.
A 3 fired one more shot from the pistol causing simple injuries to PW 6.
On A 5 there were only two incised wounds which were also simple.
Sawant, who was also with him, went to the house of Jinnappa Patil and PW 2 went to the house of Gunda Desai, PW 11 and informed him about the incident.
At that time, A 3 took out a companyntry pistol and fired at D 1 which hit him on the neck.
One Kulasambi filed a suit against her daughter in law Chutibi and Kallappa, father of D 1 for partition of some land.
The defence of accused 7 to 14 was one of total denial.
D 3 fell down and rolled out of the bus with bleeding injuries.
The State has companye forward with the present appeal against the said order of acquittal.
Then A 5 assaulted D 3 with a dagger and A 6 and A 8 assaulted him with sickles.
Being afraid, he ran inside the village.
PWs 4 and 5 were working at that time in a land near the Bastwad cross and on seeing the galata, they went near the bus.
They reached Belgaum by 8 a.m. PW 3 and one Sawant also got down from the bus and they went to Belgaum city for their own work.
PW 3 is the father of PWs 4 and 5 and PWs 1 and 2 belong to the party of D 1.
They along with eight others were tried for offenses punishable under Sections 148, 302/149, 337/149 and Section 27 of the Arms Act.
A 3 alone was also companyvicted under Section 27 of the Arms Act and sentenced to undergo three years RI and to pay a fine of Rs 500 in default of payment of which to suffer RI for three months.
The bus stopped at a few stops.
A 8, who was inside the bus, shouted companye, they are caught.
He also numbericed that PWs 1, 3, 4 and 6 were injured.
On A 1, he found five incised injuries which were simple in nature.
Thereafter it stopped near Bastwad cross for the passengers going to Kondaskoppa to get down.
PW 2 felt that the car was following him.
Thereafter PW 2, Sawant and PW 11 returned to the spot at about 2 p.m. In the meantime, the companyductor and the driver of the bus went to Belgaum in a truck and informed their superiors and the police was also informed.
On A 3, nine incised injuries were there and all of them were simple and some of them were superficial.
About six months prior to the present incident, Nemanna was murdered.
A 9 and A IO assaulted PW 1 with sickles.
They had another brother Nemanna who was subsequently murdered six months prior to the present incident.
Thus, there were ill feelings and bitter enmity between the two groups.
The other accused are related to each other.
On September 26, 1978 PW 35, the Circle Inspector seized the blood stained clothes from the persons of the accused and he recorded the statement of the injured witnesses.
Meanwhile, PW 28, the Head Constable of the Bagewadi police station was informed that some galata was going on.
PW 5, however, ran away, PW 2 got down from the rear door of the bus and ran away towards Halga.
PW 2s companyplaint was recorded by PW 29, a Police Constable who came in the jeep, on the basis of which the case was registered.
P 60 to P.S.I., PW 31, who after investigation, filed the chargesheet.
The trial companyrt acquitted A 7 to A 14 and companyvicted A 1 to A 6 who were injured and who admitted their participation.
The capacity of the bus was 39 passengers and about 20 to 30 passengers were standing.
174 of 1978 and the State of Karnataka filed an appeal questioning the acquittal of the other accused and also filed another appeal for enhancement of the sentence of the six respondents accused.
PW 31, Sub Inspector arrested A 1 to A 6 who were admitted to the Civil Hospital and seized a companyntry pistol and sickles from them.
A1 to A 6 admitted their presence and also admitted their participation.
Seeing the galata, the passengers in the bus ran away.
Then the rest of them assaulted the three deceased persons with their sickles.
After companypletion of the investigation, the charge sheet was laid.
They were also holding a satchel each.
At about 12.15 p.m. a bus came.
The trial companyrt while acquitting the others companyvicted the respondents under Sections 148, 302/149, 326/149, 324/149 and 337/149 and sentenced them to imprisonment for life and various other terms of imprisonment for the other minor offenses.
On D 2 Yallappa he found six serious incised injuries.
D 1 fell down dead.
The High Court dismissed the two appeals filed by the State and allowed the appeal filed by the six companyvicted accused.
In the instant case, the occurrence took place in the bus itself at the Bastwad cross.
A 1 got down from the bus and went by the side of the bus and stood near the window where D 1 was sitting.
On A 2, there were three incised wounds which were simple and one of them was only a superficial one.
He made an entry and proceeded to Bastwad cross along with the staff.
A 2 and A 12 assaulted PW 4 with sickles.
On PW 1, there were eight incised injuries, on PW 3, there were three incised wounds with a fracture, on PW 6 there were two gunshot injuries and on PW 4 there were four incised injuries.
At the place of occurrence, he found two dead bodies lying with cut injuries and D 3 was lying seriously injured.
From that car, accused 9 to 14 and a boy got down armed with a sickle each and they proceeded towards the bus.
A 4 and A 8 assaulted D 2 with sickles causing fatal injuries resulting in his instantaneous death.
On A 4, the Doctor found five incised injuries and all of them were simple.
By then a jeep from the companytrol room came and a truck was secured and all the injured persons were sent to the hospital.
D 3 died in the hospital on September 26, 1978 and the postmortem was companyducted on his dead body also.
Meanwhile, accused 2, 6, 7 and 8 went to the bus stop, each holding a satchel.
The prosecution case is as follows.
Since the police failed to file the charge sheet, they were released by the Magistrate on bail and they returned to the village about two months prior to the incident.
His son A 6 filed a companyplaint to the police against D 1 and D 2, PW 3 and five others.
Some of them got down from the bus.
A 4 also was found lying injured.
The six companyvicted accused preferred Criminal Appeal No.
PWs 1 to 3 and the three deceased persons boarded the bus and sat on the seats.
After his death, D 1 purchased 19 guntas of the said land from Chutibi and was also granted occupancy rights in respect of the remaining land.
Almost all the incised injuries were of serious nature.
They were waiting at the bus stop.
On the day of the incident namely September 25, 1978 in the morning the three deceased persons and PWs 1 and 2 left Bastwad at 7 a.m. by bus for Belgaum to meet their advocate.
The Doctor, who companyducted the postmortem on the dead body of D 1 found 20 incised injuries all over the body and also a firearm injury and on dissection, he found a firearm pellet embedded in the lower part of the neck.
The three deceased persons in this case namely Babu Kallappa Kasai D 1 , Yallappa Devappa Kasai D 2 and Paris Adappa Kasai D 3 were companysin brothers and were living separately.
It may be mentioned that the case was companymitted to the Court of Session but the same ended in acquittal.
On internal examination he found that abdominal wall was injured on the left loin region and peritoneum was cut horizontally.
However, we have carefully gone through the evidence of the injured witnesses as well as other circumstances and we are in agreement with the findings of both the companyrts below that these accused were present and participated in the occurrence as stated above.
On PWs 1, 3, 4 and 6 also there were a number of injuries.
The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. This appeal by the State of Karnataka is filed against the judgment of the Karnataka High Court questioning the acquittal of the six respondents accused original accused 1 to 6 .
On D 3, the Doctor found 18 incised injuries of serious nature.
A 1 to A 13 are the residents of Bastwad village and A 14 is the resident of Patagwundi village.
On the way, the bus stopped at Fort bus stand.
They returned to the bus stop to catch the bus to go to Bastwad.
There accused 1, 3, 4 and 5 boarded the bus.
He gave a blow with the sickle to the window glass of the bus and it broke into pieces.
The three deceased persons and PWs 1 and 2 then met their advocate.
