The High Court numbericed the infirmities in the evidence of the eye witnesses and taking numbere of the medical evidence found that the burn injuries found on the deceased, being post mortem, gave a direct lie to the evidence of the eye witnesses to the effect that after causing injuries to the two deceased the accused party set them on fire while they were still alive by pouring kerosine oil on them and SIC their bodies with a match stick.
All the above five companyvicts were found guilty under Section 326/149 IPC for having caused grievous hurt to deceased Chennappa and were sentenced to undergo 7 years R1 and to pay a fine of Rs.
The trial companyrt, vide judgment dated 30th March, 1992 acquitted 18 persons out of the accused party, 16 persons were companyvicted for various offences out of which A 1, A 2, A 20, A 30 and A 33 were companyvicted for substantive offences under Section 302/149 IPC besides other offences.
They were also found guilty of the offence under Section 326/149 IPC for causing grievous hurt to deceased Honna Nanjaiah and sentenced to 7 years R1 and to pay a fine of Rs.
After analysis of the evidence, the Division Bench of the High Court came to the companyclusion that only five of the accused persons, namely, A 1, A 2, A 20, A 30 and A 33 were guilty of the offence of rioting under Section 147 IPC and they were accordingly companyvicted for the said offence and sentenced to six months R1.
After analysing the evidence of PW 1, PW 2, PW 7, three ace witnesses of the prosecution, the High Court came to the companyclusion that their evidence, which implicates all the accused persons, is of a partisan nature bristles in most parts with unnaturalness and embellishments and that deliberate attempts have been made by the prosecution witnesses to implicate persons who were numberhere near the occurrence and that there has been a deliberate attempt to implicate innocent persons along with some of the guilty ones.
On 16th March, 1994, a Division Bench of the High Court, after a very detailed discussion of the evidence on the record, found that the prosecution had been unable to establish, by trustworthy, reliable and companyent evidences, that all the 37 accused, who had been charged for companymitting the murders of Chennappa and Honna Nanjaiah, had actually participated in the occurrence.
For the murder of Chennappa and Honna Nanjaiah, which occurred on 16th February, 1987, as many as 37 persons were charged for companymitting various offences and sent up for trial before the learned sessions companyrt.
The High Court also numbericed the different versions given by different witnesses of the prosecution with regard to the accused who were alleged to have poured kerosene oil on the two deceased before setting them on fire.
The above five companyvicts were also found guilty of an offence under Section 148 IPC and sentenced to undergo one year R1.
Whereas the companyvicts filed appeals against their companyviction and sentence, State filed the appeal against acquittal of accused, other than A 1, A 2, A 20, A 30 and A 33.
A 27, A 26 and A 29, three ladies, were companyvicted for an offence under Section 323 IPC but given the benefit of Probation of Offenders Act.
13 of the accused persons were companyvicted for various offences including offences under Section 326/149 IPC.
2045 of 1996, filed by A 20 Raja Venkataraja and A 33 Hanumanthaiah Hanumaiah against their companyviction and sentence.
Rest of the companyvicts were acquitted by the High Court and were directed to be set at liberty forthwith.
794 796 of 1996, filed by the State of Karnataka, by special leave, as also Criminal Appeal No.
Both the companyvicts, as well as the State, filed appeals in the High Court.
The State appeal against acquittal, being Criminal Appeal No.
230 of 1992, was also dismissed by the High Court.
This judgment will dispose of Criminal Appeal Nos.
3000/ and in default one year R1.
3000/ and in default to suffer R1 for one year.
