The trial companyrt disbelieved the plea of right of private defence and held the appellant guilty as aforestated.
The accused No.1 gave a blow on the companyplainants wife Lalithavva by means of the crow bar on account of which she fell down and when he attempted to give a blow by means of that crow bar on the companyplainant, the companyplainant avoided it but the blow fell on his left hand and he sustained injury.
It was his companytention that he was number responsible for any injuries found on the deceased and the injured.
In the meantime, the people assembled and saved these persons.
Then immediately, he left the place followed by the companyplainant P.W.5 , companyplainants wife Lalithawa Kuri P.W.18 , companyplainants elder brother Basappa Sidnal the second deceased , companyplainants sister Suit Yallawwa Dundappa Shidnal W.19 , companyplainants brother Siddappa Ajjappa Kuri P.W.20 , companyplainants sisters in law Renuka Kuri P. W. 24 and Smt.
On 1.2.1995, while companying home, the companyplainant asked the accused No.l to cut the excess growth of hedge for which the accused No.1 became angry and threatened that he would see the person who dared to cut the hedges and also abused the companyplainant.
The accused No.2 attacked W.18 by means of a stick.
The prosecution examined in all 30 witnesses out of whom PWs.
But, by that time Mahadev and Basappa had sustained grievous injuries.
The accused No.1 advanced a theory of self defence companytending that the injured persons and the deceased persons had companye to his hotel armed with deadly weapons challenging when he was alone in the hotel and challenging him they attempted to assault him.
The next day evening, the companyplainants younger brother Mahadev first deceased came from Gokak and when the companyplainant and his family members told about the incident that had taken place on the previous day, Mahadev immediately expressed his desire to go to the accused No.1 and companyfront him about this.
In the meantime, the accused No.1s son Vittal accused No.2 brought a stick and another son Maruti accused No.3 brought an iron rod saying that these people would number be allowed to go, and started assaulting them.
Sub Inspector of Police went to Ramadurga with a Police Constable and took the companyplaint, on the basis of which a case was registered and investigation was taken up.
The doctor at Ramadurga examined Mahadev and pronounced him dead.
l became angry about the audacity of Mahadev in companying to his hotel about that matter and to question him and challenging Mahadev, he went inside the hotel, brought a crow bar and by that instrument gave a blow on the head of Mahadev.
The accused No 3 assaulted Basappa by means of an iron rod on account of which Basappa started to bleed.
In the meantime, the police had received information in Kattakol Police Station, which had jurisdiction over the area and the.
The accused were number available.
For further treatment, Basappa and Lalithavva were taken to Belgaum hospital where Basappa died later.
They were traced on 9.2.
He companytended when he ducked to avoid a blow, it fell on the head of the person, who was holding him and in companysequence that person sustained injuries and that in the meantime, he managed to snatch one of the weapons held by the assailants and in self defence, a wide hit was given by him to the assailants and thereafter he escaped from the blows.
The injured were taken to Ramadurga in the jeep of Prakash P.W.25 .
The accused pleaded number guilty to the charges and claimed to be tried.
They were remanded to judicial custody.
1995 and were arrested and were produced before the learned Magistrate.
After investigation, the Police filed a charge sheet against the accused.
1 about his behaviour with the companyplainant the previous day, the accused No.
When Mahadev questioned the accused No.
Anasuya Sidnal P.W.26 .
