On the way they had to pass in front of the Police Station Haunsbhavi.
The prosecution relied on the evidence of the eyewitnesses PWs 1, 6, 7 and 10.
It is also his submission that a specific overt act is attributed only to A 2 and in respect of others the allegation is omnibus.
The body was kept in the mortuary.
PW 14 stopped the jeep and saw the injured person who was unconscious.
PW 1 ran up to the house of the deceased and informed Channabasappa and also PW 7 who was there.
The appeal preferred by them was dismissed by the High Court.
209 of 1980 A 6 came from another direction.
On internal examination he found that right occipital, parietal and temporal bones were fractured and occipital, parietal and temporal lobes of the brain were lacerated.
P 1 and when his evidence becomes untrustworthy, the evidence of other witnesses cannot be relied upon.
PW 2 also accompanied them in the jeep.
PW 7 brought his jeep and he along with PWs 1, 6 and 10 and others took the injured in the jeep and proceeded towards the Primary Health Unit.
The accused were arrested and after companypletion of tile investigation, the charge sheet was laid.
Channabasappa and the deceased used to look after the agricultural establishments and they had a jeep also.
On the way they also companysulted another Doctor at Byadagi who examined the deceased and pronounced him to be dead.
Thorax was also injured and he opined that the death was due to shock and hemorrhage as a result of tile multiple injuries.
The accused denied the offence and pleaded number guilty and stated that they were falsely implicated due to enmity.
On seeing the witnesses the accused ran away.
PW 7 Shivanandappa is the younger brother of the deceased.
The family had also agricultural lands and a garden.
A. No.
However, PW 1 and the deceased proceeded to the garden land and there they eased themselves.
When they were near a milky bush, A 1, A 3, A 4 and A 5 emerged from behind the bush and A 2 and From the Judgment and Order dated June 8, 1981 of the Karnataka High Court in Crl.
On July 28, 1979 just prior to 8 a.m. the deceased proceeded towards the garden land to see whether the pump was working properly.
On the way they met Channabasappa and PW 7.
The younger brother of the deceased used to wake up early, go to the garden land, take bath and then attend to the business in the shop.
PW 1 tried to intervene but he was threatened.
There they found PW 14 Narayan Devi singh, PSI standing.
They were tried for offences punishable under Sections 148 and 302/149 IPC and were companyvicted and sentenced to two years RI and life imprisonment respectively.
Their another younger brother used to look after the kirana shop situated in the village.
PW 3, the Medical Officer, who companyducted the post mortem, found a number of incised and lacerated injuries.
It is also his further submission that PW 1 who is one of the principal witnesses was cross examined by the prosecution and since he being the author of Ex.
Hearing the cries of PW 1, PWs 6, 7 and 10 and others went to the spot which was number far away from the village and when they reached the spot, they saw that all the accused had surrounded the deceased who had fallen down and A 2 dealt a blow with an axe on the neck of the deceased.
Inquest was held and the dead body was sent for postmortem.
A day prior to the present occurrence there was also an altercation between the deceased and A 6 in the house of PW 8 who was a Sub Postmaster in the said village.
PW 1, Kariappa, a resident of the village at that time had gone to a tea shop.
At that time PWs 6 and 10 had gone to the house of PW 7 for some financial aid to spend for Nagapanchami festival the next day.
Hence the present appeal.
The Judgment of the companyrt was delivered by JAYACHANDRA REDDY, J. Original accused 1 to 6 are the appellants.
After the supervision of the land, PW 1 and the deceased proceeded towards the village.
The deceased asked PW 1 to accompany him to the garden land.
There were ill feelings between the accused persons and the deceased in view of the earlier instances.
He also accompanied them in the jeep to PW 2 Dr Sham, Assistant Medical Officer who after examination opined that the companydition of the injured was serious and that at that time he companyld give only some life saving medicines and he advised them to take the injured to the Cottage Hospital at Haveri.
PW 14 sent a wireless message to the police station and a case was registered and the FIR was issued.
The appellants, the deceased one Basavannappa son of Channabasappa and the material witnesses belong to Village Aralikatti, District Dharwad.
A 1, A 3 and A 5 had clubs, A 2 had an axe, A 4 had a sickle and A 6 had a chopper.
All of them surrounded the deceased and assaulted him.
