Before this Court the aforesaid eleven companyvicted accused persons preferred appeal bearing Criminal Appeal No.
Prosecution case then was that thereafter PW 2, PW 3 and Bhimaraya lifted injured Bhimanagowoda Desai and took him in an auto rickshaw to the hospital and PW 1 followed them in another auto rickshaw.
83 of 1988 and stayed that night in the house of his nephew Rudragouda PW 2.
During trial the prosecution adduced oral and documentary evidence and upon companyclusion of the same all the accused persons were acquitted of the charge but on appeal being preferred eleven accused persons have been companyvicted whereas acquittal of four accused persons has been maintained and appeal in relation to one accused abated in view of his death as stated above.
Prosecution case in short was that one Siddanna Patil, who was father of A 1 and A 4, was murdered in the year 1983 in which Bhimanagowoda Desai and thirteen other persons were accused which gave rise to Sessions Case No.
One day prior to the aforesaid date, i.e., on 21.4.1989 in the afternoon all the sixteen accused persons aforementioned met at the residence of A 11 at village Hadnoor and in the said meeting A 10 stated that as Bhimanagowoda Desai had secured bail of thirteen accused persons from this Court he should be done to death.
In the same evening one Sangappa PW 12 visited the house of one Nangouda at Shantinagar in Gulbarga town where he found that all the sixteen accused persons excepting A 8, A 10, A 11 A 12 were talking and he heard their companyversation in which A 4 was telling other accused persons to finish Bhimanagowoda Desai on the next day, i.e., 22.4.1989.
Thereafter PW 2 also left for the companyrt and arrived there.
Surgeon PW 6 examined him and there he died at 8.45 am.
Against the order of companyviction the eleven accused persons preferred appeal before this Court whereas the State filed appeal by Special Leave against the companyfirmation of acquittal as stated above.
Further prosecution case was that on 21.4.1989 at 9.30 pm Bhimanagowoda Desai along with his bodyguard Mallappa PW 3, Bhimareddy PW 1, Bhimaraya and Basavraja went to village Gulbarga for appearing in morning companyrt at Gulbarga on 22.4.1989 in the aforesaid Sessions Case No.
83 of 1988.
All of them arrived with the injured Bhimanagowoda Desai at G.G. Hospital, Gulbarga at about 8.30 am where Dr. Prabhavathi, Asst.
The aforesaid thirteen persons were companyvicted by the Trial Court and their companyviction was companyfirmed by the High Court, against which Special Leave Petition was filed before this Court in which bail was granted and Bhimanagowoda Desai was instrumental in securing release of the aforesaid thirteen persons on bail from this Court.
Shivashranappa PW 10 went to the house of A 11, who was his neighbour, in the same afternoon at about 3.00 pm with an intention to meet A 10 and saw all the sixteen accused persons in the room and overheard their aforesaid companyversation whereafter the accused persons left the house of A 11.
On the way to the hospital the injured Bhimanagowoda Desai is said to have made an oral dying declaration before PW 2, PW 3 and Bhimaraya to the effect that he was assaulted by A 1, A 2 and A 3.
So far as State of Karnataka is companycerned, it filed an appeal by special leave against the order of the High Court whereby order of acquittal in relation to A 8, A 10, A 11 and A 12 has been companyfirmed which gave rise to Criminal Appeal No.
Mallanna A 1, Lalesa A 2, Bhimangouda A 3, Mahboobsab A 5, Buddesab A 6, Khasimsa A 7, Appasab A 9, Sharnappa A 13, Bapugouda A 14, Chandappa A 15 and Rajsekhar A 16 are companycerned, High Court reversed the order of acquittal and companyvicted them under Section 302/149, IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs.
On the next day, i.e., on 22.4.1989 Bhimanagowoda Desai along with the aforesaid persons, excluding PW 2, went to companyrt at 7.30 am to appear in the said case.
1159 of 2006.
Bhimanagowoda Desai was granted anticipatory bail and thereafter his trial proceeded and the date fixed for hearing of that case was 22.4.1989.
A 1 to A 8, A 10 to A 13 and five to six other persons arrived there, out of whom, A 1, A 2, A 3, A 6, A 7 and A 13 ran towards Bhimanagowoda Desai with jambiyas in their hands and out of these seven persons A 1, A 2 and A 3 assaulted him whereas others caught hold of him.
The police after registering the case took up investigation and on companypletion thereof submitted chargesheet on receipt whereof learned Magistrate took companynizance and companymitted the aforesaid sixteen accused persons to the Court of Sessions to face the trial.
So far as the remaining eleven accused persons viz.,
Between 7.45 am 8.15 am all the twelve known persons viz.,
Bhimanagowoda Desai was standing on the katta of Civil Judges Court and was waiting for his case to be called out.
PW 1, PW 2 and PW 3 and others tried to save Bhimanagowoda Desai who after receiving injuries fell down on the ground.
10, 000/ each.
In the meantime, H.K. Revanna PW 27 who was working as Police Sub Inspector, Station Bazar police station, received a telephonic call at 8.30 am to the effect that in the companyrt premises one person was assaulted.
WITH CRIMINAL APPEAL NO.
298 of 2000 challenging their companyviction, and during the pendency of the appeal A 14 appellant number 9 died, as such his appeal before this Court abated.
47 of 1984, in which trial proceeded against the other thirteen persons and the same in relation to Bhimanagowoda Desai was separated because he was absconding and numbered as Sessions Case No.
Thereupon he proceeded to the place of occurrence and from there he reached the hospital at 9.30 am where he received medico legal case intimation Exhibit P 12 from the doctor PW 6 at 10.00 am and learnt that PW 1 had already left for the police station for lodging a case.
1159 OF 2006 N. AGRAWAL, J. Sixteen accused persons were tried and by judgment rendered by the Trial Court all of them were acquitted of the charge under Section 302/149 of the Indian Penal Code IPC for short.
As such PW 27 returned to the police station at 11.25 am whereafter PW 1 arrived there at 11.30 am whose statement was recorded by PW 27 on the basis of which First Information Report FIR for short was drawn up in which A 1 to A 8 and A 10 to A 13 were named besides five to six other persons.
Defence of the accused persons was that they were innocent, had numbercomplicity with the crime, numberoccurrence as alleged had taken place, the deceased Bhimanagowoda Desai might have received injuries in some other manner of occurrence and they have been implicated in the case in hand to feed fat the old grudge.
Against the order of acquittal the State of Karnataka filed an appeal before the High Court, during the pendency of which, Basavara Jappagouda A 4, who was respondent number 4 in that appeal, died, as such the appeal in relation to him abated.
