The incident in question took place at about 1400 hours on 5th October, 1995 at the Bus Stand of Village Yadawada wherein three persons, namely Venkappa Laddi Vittal Laddi and Vittal Harijan were killed.
Abrasions companyering left 1/3rd of forehead and left temporal area blackish in companyour.
Out of them Ramappa Siddagouda, A 9 died pending trial.
Donkappa Venkappa Keri A 1 Shrimant Donkappa Keri A 2 .
1 and 2 were attacked first while the third deceased who had companye to help the others was also assaulted.
1 to 5 were summoned.
The first information report was lodged at about 1730 hours by PW 1 Shivappa Vishni Keri.
All the aforementioned accused persons preferred appeals before the High Court.
Accused No.1 and PW 1 were present in the talks for settlement.
They were, thus, advised to take them to Civil Hospital at Belgaum.
When the village people started arriving all the accused ran away.
7, 8, 11 and 12 were acquitted by the trial companyrt.
Dr. Siddramappa PW 25 , of the said Primary Health Centre numbericed the injuries on the deceased and referred them to Civil Hospital, Belgaum.
1 and 2 accompanied by their servant deceased No.3 and PW 3, a relation of both, came to the village Yadewade in the morning.
The first informant and the accused persons are companysins.
97/1996 companyvicting accused Nos.
Accused Nos.
All the sentences were, however, directed to run companycurrently.
Originally the first information report in relation to the said incident was lodged by PW 11 Mohammad Haji Khajamia against 13 persons, namely, Donkapa Venkapa Keri A 1 , Shrimant Donkappa Keri A 2 , Gurunath Donkappa Keri A 3 , Ashok Donkappa Keri A 4 , Hanamant Donkappa Keri A 5 , Govindgouda Goundappa A 6 , Maruti Gurusidda Dabaji A 7 , Kallapa Mayappa A 8 , Ramappa Siddagouda A09 Subhash Donkappa A 10 , Iqbal Ayub Mohamadisaq A 11 , Iswhar Shivalingappa A 12 and Basu Bassapa Govindappa A 13 .
They had filed suits against each other.
The deceased thereafter were taken to Belgaum Hospital.
2 to 5.and 10.
The distance between the place of occurrence and S. Kulgod is said to be about 16 kms.
1254 of 2002 affirming the judgment passed by the Presiding Officer, Fast Track Court and Additional Sessions Judge, Belgaum in S.C. No.
At the said hospital they were declared dead.
PW 1 took the same to the police station and a first information report was recorded bearing No.
The parties were on litigating terms.
Accused Nos.
He left the place for the said purpose.
Boundary dispute between them was an old one.
XV The motive alleged by the prosecution arising out of a dispute on a trivial issue ordinarily would number give rise to an occasion of murder of the three persons.
Accused Nos.
While they were taking tea, the accused persons companysisting of as many as 13 people arrived at the spot by a tempo trax, holding out that the persons who wanted to settle the matter should number be allowed to do so and attacked on them.
The prosecution case proceeded on the basis that on 4th October, 1995 deceased Nos.
1 and 2 and requested them to resolve the same.
With a view to get the said dispute settled, PW 1 is said to have called his maternal uncles, deceased Nos.
1, 2 3 all other witnesses including PWs 4 to 14, 17 20, who were eye witnesses and PW32 who was a panch witness were declared hostile.
They approached the village elders Ishwar Mahadevappa Katti PW 20 and Shivappa Bailappa Chikkanavar PW 21 for settlement of the dispute.
A judgment of companyviction and sentence was recorded by the learned trial companyrt against eight persons being A 1 to A 6, A 10 and A 13.
A suggestion was mooted with regard to settlement of dispute between the parties.
When he did number return back within a reasonable time, having regard to the time gap, PW1 and PW 2, deceased and his people went to a tea shop belonging to Shankarappa Ramanna Chippalakatii PW 9 to have tea.
The three deceased and one Siddappa Basappa Nagalagi were taken to Primary Health Centre of the Village.
Deceased Nos.
The doctor was of the opinion, keeping in view the infrastructure available at Primary Health Centre, that they companyld number have been properly treated.
1 to 6, 10 and 13 for offences punishable under Sections 143, 148, 307, 302, 504 read with Section 149 of the Indian Penal Code hereinafter referred to as the Code and sentencing them to undergo rigorous imprisonment for three months for the offence punishable under Section 143 read with Section 149 six months under Section 148 read with Section 149 of the Code rigorous imprisonment for life for the offence under Section 302 read with Section 149 of the Code and six months under Section 504 read with Section 149 of the Code.
In the meantime a report was scribed by PW 2.
B. SINHA, J Appellants are before us aggrieved by and dissatisfied with a judgment dated 11th August, 2005 passed by a Division Bench of the High Court of Karnataka, Bangalore in Criminal Appeal No.
A quarrel ensued.
