Mahantappa asked accused No.1 as to why he had removed the boundary stone.
Laxmavva PW 7 , who was grazing her sheep, on seeing the incident of assault, shouted.
Then Sangappa PW 8 , and Chandrashekhar PW 9 who were ploughing the land at a distance of about 10 feet in the land of one Rangappa, rushed to the spot.
Injured Mahantappa was shifted to the Hospital at Bagalkot at 2 p.m. and finally Mahantappa succumbed to the injuries in the Hospital.
On 6th July, 1997, he proceeded to General Hospital, Bagalkot, prepared the inquest panchanama on the dead body of Mahantappa as per Ex.
He recorded the statement of witnesses and arrested accused No.1, Pundappa, seized the blood stained shirt under the mahazar and recorded his voluntary statement as per Ex.
Laxmavva PW 7 came and reported the incident when she was alone in the house at about 10 a.m. From the testimony of the companyplainant, Giriyavva PW 1 it is clear that when she was in the house Laxmavva PW 7 came about 10 a.m. and informed her about the incident of assault on Mahantapp by accused No.1 Pundappa.
P 12 proceeded to Hospital and enquired about the companydition of the injured.
Laxmavva PW 7 came and reported the incident to her in the house when she alone was present in the house.
The case of the prosecution is that the companyplainant Giriyavva, her sons, Shivalingappa, Adiveppa, deceased Mahantappa and Pundappa as well as accused No.1, Pundappa Yankappa Pujari appellant herein and accused No.2 Siddappa Pundappa Pujari are the resident of Yankanchi village of Bagalkots Taluk.
The dead body was subjected to postmortem examination.
He seized the blood stained towel and chaddar M.Os 4 and 5 under the panchanama Ex.
In the meantime, the Assistant Sub Inspector of Police, Gousasab PW 13 received the death intimation report of the injured as per Ex.
At about 9 a.m. they heard the shoutings.
When they went there, they were threatened by the accused persons.
When she enquired from Mahantappa, Mahantappa fell down, she shouted and when she left the spot, accused persons were still there.
A case in Crime No.95/1997 for the offence under Section 326, 324 and 307 read with Section 34 IPC was registered and an FIR as per Ex.
By the impugned judgment the High Court partly allowed the appeal preferred by the State of Karnataka, set aside the judgment of acquittal of the appellant for the offence under Section 302 IPC, held the appellant guilty for the offence under Section 302 IPC and sentenced him to undergo life imprisonment.
The accused did number choose to lead any defence evidence.
She proceeded further and informed the incident to Giriyavva PW 1 , mother of the Mahantappa.
On the same day, the Sub Inspector of Police proceeded to the place of occurrence, prepared a spot panchnama as per Ex.
The deceased Mahantappa questioned as to why he was removing the boundary stone and an altercation took place between accused No.1 and deceased Mahantappa.
According to her evidence, accused No.1 Pundappa Yankappa Pujari was in his land whereas, accused No.2 was grazing his sheep near Durgamma Temple.
There is numberreason to doubt the credibility and trustworthiness of the account given by this eye witness.
On seeing the incident Laxmawwa PW 7 shouted, hearing his shouting, Charge Witnesses, CWs.13, 14 and 15 CWs.
When she was returning back to the house, on her way she met CWs.
She stated that on the fateful day her son, Mahantappa had gone to their land at about 7 a.m. for seeing the crop.
While the deceased was putting boundary stone to the pit, accused No.1 assaulted him with an axe on his neck and caused severe fracture and injuries which resulted in profuse bleeding whereas, accused No.2 assaulted the deceased with a stick.
Accused No.1 had assaulted Mahantappa with the axe and Accused No.2 had assaulted Mahantappa with stick.
P.C. and the defence is one of total denial.
She stated that accused No.1 was found sitting in his land.
14 and 15 are PW 8 and PW 9 respectively came there.
Further, she stated that then she went to the land and saw Mahantappa lying on ground with injuries on the head and back of the neck.
17 and 19 PW 10 PW 11 and she narrated the incident to them.
They had given water to Mahantappa and thereafter Mahantappa was shifted to Vankanchi village and from Yankanchi village, Mahantappa was shifted to Bagalkot for medical treatment.
Mahantappa died in the Hospital at Bagalkot at 3 p.m. Her statement was recorded by the Police.
Bhimappa PW 10 and Ranganagouda P 11 of their own accord came to her land by the time she reached, Bhimappa PW 10 and Ranganagouda P 11 were present in her land.
As a result, he suffered with multiple fracture injuries and companylapsed.
Bhimappa PW 10 in his evidence, stated that he knows Giriyavva PW 1 , deceased Mahantappa, accused persons and also Ranganagouda PW 11 .
They had seen Mahantappa being assaulted with the axe on his neck and head, two to three times.
He also disputed the suggestion that there was any dispute between their ancestors and the accused persons regarding the land of the accused persons.
On the same day accused No.2 was arrested and produced by the Assistant Sub Inspector of Police.
Laxmavva PW 7 went to the village and informed about the incident.
The land of the deceaseds family as well as the land of the accused is adjacent to one another.
She further stated that except her.
Luxmavva PW 7 did number accompany her to her land.
Accused No.2 Siddappa went to graze the sheeps.
She also stated that by that time Bhimappa PW 10 , Ranganagouda PW 11 also came to their land.
Chandrasekhar PW 9 in his statement stated that he along with Sangappa PW 8 and CW 13 Pundappa had gone for ploughing the land of CW 24 Rangappa on that day at about 9 a.m. Accused No.1 and 2 had assaulted Mahantappa and Mahantappa fell down.
Apart from that, though Laxmavva PW 7 has been lengthily cross examined, the defence failed to bring out some evidence that would lead to disbelieve her testimony with respect to the incident of assault.
Mahantappa came there and took rounds in the land.
The testimony of Giriyavva PW 1 , mother of the deceased Mahantappa shows that she knows the accused persons.
Accused No.1 Pundappa had assaulted Mahantappa six to seven times with the axe on the neck and on the head.
She went to her land alone.
From there she heard the exchange of words and saw the incident taking place.
The Doctor issued an endorsement as per Ex.
Accused No.1 Pundappa challenged Mahantappa to put boundary stone in its original place.
Chandrashekar PW 9 disputed the suggestion that the land of Chandrashekar PW 9 belonged to their ancestors previously.
Bhimappa PW 10 had brought her injured son, Mahantappa to the village Yankanchi.
On 5th July, 1997 at about 9 a.m., accused No.1 was in his land and was removing the boundary stone.
Bhimappa PW 10 and Ranganagouda P 11 , numbere else were present in her land.
P 9 stating that the injured was number in a position to give statement.
She went to the site of occurrence.
In his cross examination he stated that he left the village at 7 a.m.He went to the spot on hearing the shouting and at the spot he saw Mahantappa falling down due to assault.
P 24 and recorded the statement of the witness.
Immediately, Sangappa PW 8 , Chandrashekar PW 9 rushed to the spot and witnessed the incident of assault.
Giriyavva PW 1 , mother of the deceased, is the companyplainant.
In the cross examination, she clearly stated that on that day at 6 a.m. her husband had left for Bagalkot.
Laxmawwa PW 7 rushed towards the village.
Mahantappa insisted that he will put the boundary stone at the place from where it was removed.
Accordingly, a requisition was forwarded to the Court as per Ex.
The deceased numbericed the removal of the boundary stone, When the deceased went to put the stone in the same pit, there was some altercation between them regarding fixing of the boundary stone at the very same place.
Further, she proceeded and informed the incident to companyplainant Giriyavva PW 1 , the mother of the deceased.
At about 10 a.m., she was present in her house.
Sangappa PW 8 , in his deposition stated that he along with CW 13 Pundappa and PW 9, Chandrashekhar had gone to the land of CW 24 Rangappa Sannappa Gouli for ploughing the land.
The deceased Mahantappa was shifted to the village by Bhimappa PW 10 and Ranganagouda PW 11 .
He denied the suggestion that the scene of offence was number visible from the place where they were ploughing.
Immediately, Giriyavva PW 1 rushed to the place of incident and numbericed the injuries.
They had seen another person assaulting Mahantappa with the stick on his head.
Thereafter, Sub Inspector of Police PW 14 received a written companyplaint Ex.
P 13 was prepared and forwarded to the Magistrate.
In her cross examination she reiterated that she had seen the alleged incident.
She stated that at about 10 a.m., while she was in the house, Laxmavva PW 7 came and informed her that her son Mahantappa was assaulted by accused No.1 Pundappa and accused No.2 Sidappa with axe and stick respectively.
P 1 from Giriyavva, the mother of injured.
Her son had sustained injuries on the head and on the back of the neck.
Giriyavva PW 1 and the villagers came there.
At that time, Laxmavva PW 7 came and informed her that her son Mahantappa was assaulted by accused No.1 Pundappa and accused No.2 Siddappa.
She was standing in the middle of the road.
The Circle Inspector of Police took over further investigation.
The towel and chaddar are M.Os.4 and 5.
Thereafter, the accused persons stood there for five minutes.
Accused No.1 told Mahantappa that boundary stone shall lie there only.
On the way, she met Bhimappa PW 10 and Ranganagouda PW 11 and informed them about the incident, who in turn went to the place of incident.
Giriyavva PW 1 went to see her son Mahantappa, who was brought to Yankanchi village and from Yankanchi village he was shifted to Bagalkot.
From there, the injured was shifted to Goverdhan Hospital, Bagalkot.
Accused No.1 Pundappa removed boundary stone.
The land of the accused persons is adjoining to their land.
When Mahantappa was putting the boundary stone in the pit, accused No.1 Pundappa assaulted Mahantappa with the axe on the neck.
Bhimappa PW 10 and Ranganagouda PW 11 had companye to her land at that time.
The injured was treated by Dr. Hanamant PW 16 on 5th July, 1997 and immediately, intimation was sent to Sub Inspector of Police, Rural Police Station, Bagalkot as per Ex.
In between there is a band fixed with boundary stone.
At the instance of the accused No.1, he recovered M.O.10 axe and M.O.11 stick and prepared panchanama Ex.
P 2, seized the blood stained earth and sample earth Material Objects hereinafter referred to as the MOs 1 and 2 and handed over further investigation to the Circle Inspector of Police, Pandurang PW 17 .
In his cross examination he reiterated that when they heard the exchange of words, the distance between them and those persons was about 10 feet.
After reaching the land, they have seen accused No.1 assaulting Mahantappa with the axe.
When they enquired with the accused persons as to why they had assaulted Mahantappa, accused No.1 Pundappa went towards Sindal village taking the axe and the stick.
In her cross examination she stated that on that day at 6 a.m. her husband left for Bagalkot.
The Sub Inspector of Police, Sekharapa PW 14 on receipt of Ex.
The deceaseds land is on the numberthern side whereas the accuseds land is on the southern side.
He sent accused No.1, Pundappa to Hospital for medical examination and kept him in custody.
He stated that Laxmavva PW 7 was present there at that time.
Mahantappa fell down on the ground near the boundary stone.
Mahantappa sustained bleeding injuries and the blood had fallen on the ground and near the boundary stone.
There was a dispute regarding fixing of boundary stone between the accused and the deceaseds father Chandrappa Telagi.
At that time accused No.2 Siddappa assaulted Mahantappa on his head with the stick.
At about 9 a,m. Laxmavva reported the incident to her.
Laxmavva PW 7 stated that the incident took place at about 11 a.m. whereas, Sangappa PW 8 and Chandrasekhar PW 9 stated that the incident of assault took place at 9 or 9.30 a.m. Such discrepancies cannot be a ground to disbelieve the statements of the witnesses if the difference is about one hour, as the villagers generally suggest the approximate time.
The testimony of Laxmavva PW 7 , clearly indicates that on the day of the incident, she was grazing her sheep near the land of Giriyavva PW 1 .
Bhimappa PW 10 shifted her son Mahantappa to the village and from there, he was brought to Bagalkot Hospital and admitted.
Laxmavva PW 7 was present there at that time.
By the time they went there Mahantappa was found lying on the ground.
Even though the witnesses were cross examined at depth, numbermuch evidence were elicited to discredit the testimony of Sangappa PW 8 and Chandrasekhar PW 9 .
When Mahantappa was putting the stone in the pit, accused No.1 and 2 have assaulted Mahantappa.
The testimony of Laxmavva PW 7 clearly indicates that it was accused No.1, who inflicted blows with the axe on the neck and head of the deceased Mahantappa.
At that time, both the accused persons were present there.
He further stated that at about 9.30 a.m. Mahantappa was found having sustained injuries on his neck and stated that he companyered a towel on the injuries of Mahantappa and shifted him from that place.
She went near Mahantappa and had seen him.
During the cross examination at one stage she stated that she had number seen who had removed the boundary stone but reiterated that when Mahantappa wanted to put the boundary stone in the pit, accused No.1 Pundappa objected for it and quarrel took place.
Mahantappa died at 3 p.m. in the Hospital at Bagalkot.
It is apparent in the evidence of Bhimappa PW 10 and Ranganagouda P 11 that they came to the land of one Rangappa Gouli for ploughing at about 7 or 7.30 a.m. then they heard the screaming and rushed to the spot wherein they numbericed the presence of Laxmavva PW 7 who proceeded to the village side to inform the same to the companyplainant Giriyavva PW 1 .
It is clear from her evidence that while Mahantappa was putting the stone in the pit, the accused No.1 assaulted him with axe over his neck and head three or four times.
Mahantappa came to the boundary by passing through his land.
Thereafter, the deceased Mahantappa came to his land, which is adjacent to the land of accused persons.
Laxmavva PW 7 went to the village and on the way she met Bhimappa PW 10 and Ranganagouda PW 11 and narrated the incident to them.
When the companyrt finds that the evidence of the eyewitnesses is true and can be relied upon, absence of proof of motive or the companyspiracy to companymit the crime would number dislodge the prosecution from securing the companyviction of the accused on the basis of reliable evidence.
The High Court has found the version given by the witnesses trustworthy and found support to their statement from the medical evidence and lodging of the prompt FIR, apart from the fact that the appellant was apprehended on the spot or nearabout the spot of crime with the weapon which was used in companymission of the crime.
Sudhansu Jyoti Mukhopadhaya, J. This appeal is directed against the judgment dated 16th June, 2006 passed by the High Court of Karnataka in Criminal Appeal No.9/2000.
At that time Mahantappa was in a position to talk.
On seeing the incident, Laxmavva PW 7 shouted.
From Yankanchi village they came to Mugalolli village and then the injured Mahantappa was brought to Bagalkot and admitted in the Government Hospital at Bagalkot.
