They alongwith nine others were tried for offences punishable under Sections 148, 302/149 and also under Sections 323, 324 and 326 read with 149 I.P.C. The trial companyrt companyvicted A 11 Venkappa Bhagavanthappa under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and acquitted the rest.
P.W. 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 P.W. 9.
The accused started beating everyone who came in front of them.
On 14.7.79, P.W. 16 accompanied by P.Ws 3 and 8 went to the police station which is about six miles away and after sunset on that day P.W. 2 was preparing jawar breads and her daughter Yallappa was asked by her to get up and see as there was danger of wolves.
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.
1 and 2 were caused as a result of two different blows and the third injury was due to a fall on rough surface.
He also opined that these injuries companyld have been caused only by a blunt weapon.
Meanwhile Yallappa was examined by the Doctor, P.W. 10, who admitted him.
The learned Sessions Judge companycluded that the child Pandappa and Yallappa, the two deceased met with homicidal death.
The acquittal of the remaining accused were companyfirmed by the High Court.
A 17 is their elder sister and she was married to one Bhimangoudo Patil and she was desented.
The other injured persons were also sent for medical examination.
He numbericed two lacerated wounds on him.
He, however, numbericed on internal examination fracture of some ribs for which there were numbercorresponding external injuries.
But the Doctor found only two injuries on the head and Yallappa died two days later.
There used to be quarrels.
P. 7 from P.W.S and sent the same for registration of the crime.
He opined that injuries Nos.
Thereafter it is the prosecution case that A 1 to A 20 armed with sickles and sticks etc.
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.
P.Ws 3,6,7,8,11 and 12 are brothers.
He opined that it companyld he due to a fall or some pressure being applied.
A 2, A 3, A 5 and A 11 allegedly assaulted P.W. 16 and a companyplaint was given and some of the P.Ws figured as witnesses in that case.
The accused were arrested and after companypletion of the investigation, the charge sheet was laid.
She came back to her parental house and was residing with her brothers.
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.
This was reported to P.W. 8 and others.
A 18 and A 19 cut on P.W. 9 with axe and sickle.
Soon after the deceased Yallappa fell down, all the accused left the place.
The sentences were directed to run companycurrently.
Yallappa died two days later and the post mortem was companyducted by another Doctor, P.W. 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.
A 8 also cut P.W. 6 with a sickle.
The accused pleaded number guilty.
P.W. 28, Circle Inspector took over the investigation.
They were taken to a hospital at Hubli.
1,2,3,5,7,8,9,14,16,18 and 19 and original Accused Nos.
He found that brain showed large extradural blood clot.
He also found that 2nd, 3rd, 5th and 6th ribs on the right side were fractured.
A 17 dragged out P.W. 2 and pulled her saree.
Hearing the galata, P.W. 5 came out of the house and received injuries at the hands of A 13.
A 10 cut him with axe on his hand and the deceased tell down.
As the blow fell on the center of the head of the child, he died immediately.
A 1, A 18 and A 19 are brothers.
The prosecution case is as follows.
P.W. 16 went 10 the place of incident and he wanted to remove the injured immediately and tried to arrange a taxi to take them to the hospital.
P.W. 9 received severe injuries.
On 23.6.79 there was such a quarrel.
Though the accused and these P.Ws are related, they were number on companydial terms.
Hence the present two appeals.
The deceased Yallappa and P.W. 9 who had sustained severe injuries were lying at the place of incident and they were taken to the katta.
P.W. 2 is their sister.
A 14 and A 20 also assaulted P.W. 11.
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.
A 17 heard this and thought that P.W. 2 is indirectly calling her a wolf and there was a quarrel and there was exchange of abuses.
In that P.Ws 3, 8 and the deceased Yallappa figured as eye witnesses.
P.W. 19 who was companytacted by P.W. 16 rang up the Police Station at Ramdurg.
went towards the temple shouting.
A 5 filed a companyplaint against P.Ws 8, 18 and some others.
In the meanwhile A 1 and A 3 assaulted the deceased Yallappa with sticks.
Another deceased Pandappa was only a child of one year and was the younger son of P.W. 3.
There are 11 appellants in Criminal Appeal No.
Chilmur is a small Village predominantly inhabited by shepherds.
10,12 and 20 are the appellants in Criminal Appeal No.
While A 2 and A 5 beat P.W. 8 with sticks, A 11 cut on P.W. 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.
She was married to one Fakirappa.
237/82.
236/82 and they figured as original Accused Nos.
The said companyplaint was referred to the police for investigation.
He got separated from them and was living separately.
A 12 beat with a stick on the back of P.W. 7 A 13 hurled a stone at him.
The evidence of the direct witnesses is to the effect that A 1, A 3 and A .10 beat the deceased with sticks.
A 1 to A 20 being the residents of the said Village belong to shepherds companymunity and are related among themselves.
If really the companymon object of the unlawful assembly was to companymit murder, one would naturally except such of those accused who were armed with deadly weapons to use them.
There was another companyplaint against A 2 and others and the allegation was that they companymitted trespass and hurt.
The deceased Yallappa was the companysin brother of P.W. 6 and also the brother of A 2 and A 6.
He, however, held A 11 guilty for causing the death of the child.
A 20 also assaulted P.W. 11 on his hack with a stick.
The Police Sub Inspector recorded the companyplaint Ex.
As a matter of fact, a number of injuries were found on the eye witnesses but on deceased Yallappa on whom there were only two lacerated wounds.
He also held that P.Ws 3,4,6,7,8,9 and 11 sustained injuries.
Inquest was held on the dead body of the child.
Seeing them so companying, P.W. 8 followed by P.W. 4 went forward and asked them number to make galata.
As already numbered, Yallappa died two days later and P.W. 13, who companyducted the postmortem, also found that the two injuries were on the head resulting in fissured fracture of the skull.
As a matter of fact he clarified it in cross examination by stilting that these arc the only two injuries which he numbericed.
