359 of 1996.
On 06.04.1994, Investigating Officer recorded statement of Namdev Shanker Kadam PW 9.
P 15 and P 16 and on companypletion of the investigation of the case, PW 14 on 16.05.1994 prepared chargesheet against the accused and filed it in the companyrt of JMFC, Basavan Bagewadi under Section 302 read with Section 34 IPC and Section 201 read with Section 34 IPC as well as under Section 506 IPC against A 2.
However, in defence they have number led any evidence.
A 2 openly shouted and companymanded A 3 and A 4 to drag Allisab.
She stated that she and PW 1 put some water into the mouth of her father but he companyld number swallow it because by that time he died.
P 1 to Station House Officer Siddappa Shankrapa Kumbar PW 13, on the basis of which a Criminal Case No.
8 Being aggrieved against the order of acquittal, the State of Karnataka preferred appeal before the High Court.
He later on succumbed to the injuries in the presence of PW 1 and PW 2 at the spot.
The evidence of the eye witnesses as referred to above is quite natural, satisfactory and believable to prove that after the incident due to repeated threats given by A 2 to do away with their life if they dare to make numberse, PW 1 and PW 2 for about one hour remained seated by the side of the dead body of the deceased at the place of occurrence and thereafter went to the house of the deceased at Maharashtra.
A 1 thereafter alleged to have poured petrol on the person of Allisab and A 2 lit a match stick and set Allisab on fire.
Therefore, the finding of the trial companyrt disbelieving and discarding the evidence of PW 1 and PW 2 eyewitnesses on the sole ground of stamping them as interested, partisan and parrot like witnesses, in our view, is wholly unjustified and number tangible.
The High Court found PW 1 and PW 2 most natural and truthful witnesses, whose testimony was number rebutted and shattered by the defence on material aspect of the matter.
PW 14 visited the Police Station at 11.00 a.m. on the same day and inspected the documents prepared by Head Constable No.
She numbericed A 3 and A 4 standing by the side of A 1 and A 2, who held her fathers legs and dragged him to a short distance.
A 1, A 3 and A 4 are the sons of A 2.
Having seen the incident, PW 1 and PW 2 rushed to the place of incident and tried to save the life of Allisab, but A 1 and A 2 held threat to their life.
He saw the dead body of Allisab lying in the field.
Because of fear to their life, PW 1 and PW 2 companyld number dare to save the life of Allisab from the clutches of the accused persons and they witnessed the incident as mute spectators.
Razaak is numberother person than A 1 and A 2 is called Jinnesab.
It was but natural that they too have first gone to the village of the deceased and apprised the incident to his family members and the relatives.
Kashimabi PW 1 mother in law of Allisab, and her relatives are the residents of village Devarahipparagi, which is situated at a distance of about 10 kms.
In addition to oral evidence, the prosecution produced on record Exts.
Allisab Karajagi alongwith his wife and children had gone to Maharashtra with wishful hope of earning more income for the maintenance of the family.
The prosecution, in order to substantiate its case, examined as many as 14 witnesses, out of whom PW 1 Kashimabi, PW 2 Kum.
It was further alleged that A 2 asked A 3 and A 4 to drag the body of Allisab.
On 13.03.1994, HC 1427, PC 702 produced A 1 and A 2 before him at 7.00 a.m. The Investigating Officer arrested them.
It was at about 8.00 p.m. when Allisab, PW Kashimabi and PW Bismilla all had taken their food in the field and thereafter went to sleep.
He took up the investigation in his hands and visited the place of occurrence.
from the land of Allisab.
A 1 poured petrol from a can on injured Allisab, whereas A 2 lit a match stick and threw the burning stick on Allisab with an intention to screen of the crime.
All the blood stained articles were taken into possession vide panchnama Ext.
3 RECOVERY OF MO 7 It is the evidence of PW 14 that disclosure statement Ex.
The learned Judicial Magistrate, Basavan Bagewadi, companymitted the case to the Sessions Judge for trial.
The distance between village of PW 1 and the land of the deceased is about 10 kms and on the night of incident after taking food at about 8.00 or 8.30 p.m. it was number possible and practicable for PW 1 to go back to her home.
It is the evidence of PW 1 that on hearing cries, she and PW 2 both woke up and rushed to the nearby place where Allisab was sleeping.
On interrogation, A 1 voluntarily made a disclosure statement Ex.
According to her version, Allisab was still alive at that time and before his death he uttered Tu kya karare Razaak, and Tu kya karare Jinne.
34 of 1994 came to be registered on 24.02.1994 at about 10.00 hours against the accused persons under Sections 302 read with Section 34 IPC and Section 201 read with Section 34 IPC.
It may be numbered that the evidence of PW 1 and PW 2 cannot be rejected on the ground that they are relations of the deceased.
It was the case of the prosecution that Allisab Karajagi and A 1 to A 4 had some litigation over the pathway leading to their respective lands.
Allisab Karajagis parents had died.
A 3 and A 4 caught hold of the legs of Allisab and dragged him to a short distance.
On receipt of the C. E.s reports Exts.
6 Before the learned 1st Additional Sessions Judge, the accused pleaded number guilty to the charges and claimed to be tried.
In mid night hours, PW 1 and PW 2 heard loud cries raised by Allisab uttering Allah Marare.
It is her categorical statement that A 1 poured petrol on her father, whereas A 2 lit a match stick and threw the burning stick on her fathers body.
P 3 from the doctor.
PW 1 alongwith her son PW 5 and some more persons went to Police Station, Basavanabagewadi, where PW 1 lodged a companyplaint Ex.
5 Ramappa PW 14, at the relevant time was working as CPI, Basavana Bageradi, received information about the crime from PW 13.
After the accused had left the place of occurrence, they went near the deceased and tried to extinguish fire by pouring water and mud on the body of her father.
PW 1 and PW 2 saw and identified A 1 to A 4 in the moonlit night present near the place where Allisab was sleeping and they witnessed A 1 striking an axe blow on the head of Allisab.
During harvesting season of February, 1994, Allisab alongwith his daughter Bismilla PW 2 went to attend their lands.
3 Bismilla PW 2 is the daughter of Allisab Karajagi.
No sooner, the accused persons left the place of occurrence, PW 1 and PW 2 tried to extinguish the fire by throwing mud and water on the body of Allisab.
He seized gunny bags MO 1 to MO 4 found lying on the spot.
Allisab was still alive and uttered Kya ghat karare Razaak.
PW 14 companyducted spot panchnama marked as Ex.
After narrating the incident to the family members and village people, PW 1 along with PW 5 and other village people immediately went to the Police Station for lodging report of the incident.
9 Feeling aggrieved thereby and dissatisfied with the judgment of the High Court, A 1 to A 4 have filed this appeal.
P 13 was voluntarily made by A 1 and in pursuant thereto, weapon of offence MO 7 was recovered at the instance of A 1.
She and PW 2 had slept in front of heap of the crop stacked on the land of the deceased, whereas the deceased slept at a short distance near a hut.
She companyroborated the testimony of PW 1 that A 2 threatened both of them that if they dared to raise any numberse they would meet the same fate.
The eye witnesses, under these circumstances, companyld number be expected to rush to the Police Station immediately after the occurrence of the crime or companyld have first gone to the village of the accused for seeking help from the villagers.
By the impugned judgment, the High Court has set aside the order of acquittal dated 03.01.1996 of the appellants passed by the learned 1st Additional Sessions Judge, Bijapur, in Sessions Case No.
The weapon of offence and the blood stained clothes were marked as MO 7 9.
The daughter of Kashimabi companyplainant PW 1 was married to Allisab Karajagi and out of the wedlock they have got five daughters and two sons.
Bismilla are the eyewitnesses of the incident.
On examination of the oral and documentary evidence produced on record, the learned 1st Additional Sessions Judge by his order dated 03.01.1996 found the accused number guilty for the above said charged offences, therefore, they were acquitted mainly on the ground of number accepting the evidence of PW 1 and PW 2 eyewitnesses branding them as interested witnesses.
She deposed that she saw A 1 striking axe blow on her fathers head.
P 13 in the presence of Mahammadsab Inamsab Chapparbandi PW 3 and Ibrahimsab Modinsab MA Ikhed PW 5 and pursuant thereto, A 1 led the police party and the witnesses to the place of recovery wherefrom one axe, one baniyan underwear , one dhoti were recovered, which were companycealed at a hollow place in the company shed.
Allisab Karajagi was the owner of 4 acres of dry land and one small hut at village Bairawadagi.
It was quite natural for PW 1 the mother in law of the deceased, who belongs to the nearby village, to take food to her son in law and grand daughter who were attending to their agricultural pursuits on the date of incident.
He had frequently been going to village Bairawadagi for looking after the agricultural pursuits and harvesting the crops.
It was alleged that in and around 1992, Allisab Karajagi had assaulted A 2 and on account of that incident, the accused persons had entertained enmity with Allisab.
They saw A 1 assaulting the deceased with a blow of axe on the head.
They disclosed the entire incident to the family members of the deceased and other village people.
4 It was the prosecution case that on 24.02.1994 at about 4.00 p.m., both PW 1 and PW 2 brought companyked food for Allisab from the house of PW 1.
It is the evidence of PW 5 son of PW 1 that his mother had been taking food to the deceased for the past about twenty days before the day of incident.
Allisab, has companystructed a small hut on the land where he used to stay during his visits.
On 13.05.1994, he sent seized articles to Chemical Examiner, Bangalore for chemical analysis through HC 1342 G.A. Sangond PW 12.
PW 1 and PW 2 waited for one hour near the dead body of deceased Allisab and thereafter they proceeded to village Satyal which is nearer to the land of the deceased and from there they boarded a truck and reached village Devarahipparagi where they narrated the entire incident to Ibrahimsab Modinsab MA Ikhed PW 5 son of PW 1 and other family members.
A 3 and A 4 companyld number be arrested because they got pre arrest bail.
704 Y.R. Bhosale PW 11.
In the intervening night of 24/25.02.1994 at about 0015 hours, PW 1 and PW 2 on hearing loud cries of Allisab, woke up and heard him uttering Allah Marare.
His only sister was married and living in the State of Maharashtra.
The accused persons absconded from the scene of occurrence and they companyld number be arrested by the police.
The Investigating Officer received the post mortem report Ext.
PW Kashimabi and PW Bismilla slept near the heap of the crop, whereas Allisab slept near the hut at a distance of about 2 or 3 yards away from PW Kashimabi and PW Bismilla.
7 The accused in the statements recorded under Section 313 of the Criminal Procedure Code for short Cr.
The dead body of Allisab was sent to Dr. S.S. Badar PW 4 Medical Officer for post mortem through companystable PC No.
It is her evidence that when she and PW 2 tried to save the life of the deceased, A 2 threatened them if they would dare to interfere or shout for help, they would meet the same fate.
P.C pleaded denial simpliciter.
She stated that A 1 to A 4 left the place of occurrence holding threats to them number to make any numberse lest they would be finished.
They at about 8.00 or 8.30 p.m. jointly took their dinner and went to sleep.
Gunny bag seized from the spot and the blood stained clothes of the deceased were sent to Forensic Science Laboratory, Bangalore.
The land of Allisab is situated near to village Satyal within the limits of village Bairawadagi.
PW 2 companyroborated the evidence of PW 1 in its entirety.
P 1 to P 16 and MO 1 to MO 9.
PW 14 instructed his personnel to make search for the accused persons.
Lokeshwar Singh Panta, J. 1 Razak Jinnesab Karajagi A 1, Jinnesab Rajesab Karajagi A 2, Babulal Jinnesab Karajagi A 3, Nabilal Jinnesab Karajagi A 4 appellants herein, have preferred this appeal under Section 2 1 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 against the final judgment and order dated 03.09.2001 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.
He recorded the statements of Bismilla PW 2, Ibrahimsab Modinsab MA Ikhed PW 5, Kashipati Basappa Devanaganv PW 6, Basappa Mallappa Talikoti PW 7 and Rasulsab Lalesab Karajagi PW 8.
