Insofar as PW 6, Ningappa is companycerned, he had seen the accused persons proceeding towards the garden land at about 430 p.m. and at that time the accused having blood stained sickles in their hands and the sickles of the accused were also blood stained.
The First Information Report was given by one Ningappa Mudakappa Kamari companyplaining therein that the companyplainants sisters husband was involved in a murder case and was in jail.
The weapons were seized from the accused they being M.Os.
PW 7 is a star witness in this case.
However, companymented that the evidence of PW 7 who was the star witness, was unnatural.
The Sessions Judge also discussed the evidence of PWs 3 and 4, Arjuna Iswhara and Muttappa respectively, who had turned hostile.
The police reached the spot and found the body and companyducted the necessary investigation.
In appeal against the acquittal filed by State of Karnataka against all six accused persons, the High Court allowed the same only in case of A 1, A 2, A 3 and A 4, namely, Pradhani Siddappa Alakanur, Mallappa Siddappa Alakanur, Dundappa Yamanappa Kabbur and Siddappa Yamanappa Kabbur, respectively.
This was seen by his son Mahadev and he being a friend ran towards their garden hut and, thereafter, this witness came on a bicycle along with Arjun Ishwar Honamore and Sanjeev Mahadev Honamore.
As many as six accused persons were tried before the Principal Sessions Judge, Bijapur on the basis of the charge sheet filed by the police on the allegation that on 22.06.1996 at about 5 p.m. they were the members of unlawful assembly in prosecution of the companymon object thereof and companymitted murder of one Malakari Sidda S o Kariyappa Alakanur.
The father of Kariyappa was involved in the murder of one Maruti Alakanur and on this account the accused persons who were the relatives of the said Maruti nurtured a grudge against Kariyappa Alakanur.
On the basis of the investigation the charge sheet followed and the accused persons were charged as aforesaid.
Since they did number return early the companyplainant went towards the said canal and saw all the accused persons near the canal who were armed with various weapons.
It was further alleged that Kariyappa had three sons and the eldest was Malakari Sidda.
8 and 10.
PWs 5 and 6 were also examined in support of the prosecution.
Since A 1 Pradhani Siddappa Alakanur died during the criminal proceedings before the High Court this appeal abated against him.
He also mentioned that the accused persons had gone away along with blood stained sickles in their hands towards Yaragatti village.
He was all through with the deceased on that fateful day, since they were working together on jaggery plant.
The Trial Court companymented that his evidence did number match with the medical evidence regarding the time of death of the deceased as according to this witness the deceased had number eaten anything during the day.
At the stage of evidence, the companyplainant turned hostile.
The dead body was sent for post mortem where 10 serious wounds were found in it.
P.C. The Sessions Judge also found that there were material companytradictions in the evidence of this witness and his father PW 5.
When the work was over, his son Mahadev Ningappa Kamari and deceased Malakari Sidda went to have a bath in the canal by the side of the land of Dattapant Kulkarni.
The companyplainant had put up a hut in the land of Kariyappa Alakanur situated at Yaragatti and started cultivating it.
They lifted the said Malakari Sidda and carried him for some distance and companymitted his murder.
However, the reminiscences of food were found which suggested that his time of death would be about 11 Oclock or 12 O clock in the numbern and number at 5 p.m. as deposed by the witness.
Again the learned Sessions Judge also found favour with the fact that though this witness was available on the night when police visited the spot, his statement was number recorded under Section 161 Cr.
It is stated that on 22.06.1996 the deceased and the son of companyplainant were attending to the work of preparing jaggery from sugarcane.
The present appeal, therefore, has been filed only by A 2, Mallappa Siddappa Alakanur, A 3, Dundappa Yamanappa Kabbur and A 4, Siddappa Yamanappa Kabbur.
However, his son Mahadev Ningappa Kamari, PW 7 stood firmly and deposed against the accused, though he was about 13 14 years old.
They were also named in the charge sheet for the offences under Sections 148, 302, 504 read with 149, IPC.
The Sessions Judge accepted the evidence of PW 5, the companyplainant, in part.
He had found that Malakari Sidda was dead and his head was almost companypletely severed from the trunk.
However, the High Court allowed the appeal against their acquittal.
S. SIRPURKAR, J. Three appellants who were original accused Nos.
The Sessions Judge discussed the evidence of Siddappa, PW 2 who was a panch witness of the seizure of the blood stained clothes of the accused persons as also on the discovery effected by the accused No.
2, 3 and 4 have companye up against the companyviction for the offences under Section 302 read with Section 149, Indian Penal Code.
After discussing the evidence of the investigating officers the Sessions Judge came to the companyclusion that the prosecution had failed to prove the evidence and, therefore, awarded the benefit of doubt to all the accused persons.
