And said Rudresh went to the village and informed to the villagers, who in turn came in bullock cart.
She further told that at about 10.30 p.m. Basavaraj was admitted in the Hospital but succumbed to injuries in the night.
And Basavaraj was taken on a bullock cart upto Kadadakatte crossing from where an autorikshaw was engaged up to Chellur.
She further told that Gurushanthappa, Basavanagowda, Umesha and Shankara had already reached there with their bullock cart.
Punctured would x bone deep situated on the medial aspect of lower third of right leg.
According to PW 1 Rajeshwari, on receiving the information about the incident her father also came to Chellur, and from there they all boarded matador van, and took the injured Basavaraj to the Shimoga Hospital.
On companyclusion of investigation the charge sheet was filed against all the four accused for their trial in respect of offences punishable under Sections 506, 354 and 302 read with Section 34 of Indian Penal Code IPC .
Thereafter, in another bullock cart her mother PW 29 Parvathamma reached.
3 M.G. Girish had meanwhile died, his appeal stood abated.
Before further discussion, we think it just and proper to mention the ante mortem injuries found on the dead body of the deceased, recorded by PW 2 Dr. C. Francis in Ext.
PW 25 Dr. Suresh has stated that on 04.03.1998 next day of the incident he medically examined PW 1 Rajeshwari and found following injuries on her person Contusion on medial aspect of the right leg which was about 3 cms x 1 cms in size.
Accused No.
A report Ext.
PW 33 S.G. Patil Police Inspector took up the investigation and, after taking the dead body in his possession, prepared the inquest report Ext.
Multiple, irregular, sutured wounds situated all over the right leg.
One Kammar Rudresh, who was returning on a bicycle from Shimoga after selling his flowers, asked her as to what had happened, and then left for the village to inform his family members of the injured in order to get some bullock cart.
On this Shivaraj A 2 dragged her on one side.
The High Court, after re appreciating the evidence, held that the finding recorded by the trial companyrt is perverse and companytrary to the evidence on record.
40 of 1998.
At about 6.30 p.m. Basavaraj and Rajeshwari left Honnali on way back to their village.
The State of Karnataka preferred appeal against acquittal of the accused before the High Court.
Basavaraj started bleeding from the injuries received by him.
The first blow was given by Shivaraj with Kandli on the head of Basavaraj on which he fell down.
Diffused swelling of left arm, on dissection, the muscles are lacerated and large blood clots present.
Thereafter, as the accused persons went away, the companyplainant along with his son Basavaraj deceased and daughter Rajeshwari PW 1 went to Honnali to companysult their legal companynsel, and to get the companyplaint lodged against the accused.
He sent intimation Ext.
Prosecution story, in brief, is that PW 16 Niranjanappa companyplainant was elder brother of accused No.
Lastly she told that her father PW 16 Niranjannappa gave report to the police.
The trial companyrt strangely did number believe the prosecution story on the ground that advocate Srinivas was number produced by the prosecution.
It is further stated by PW 16 Niranjanappa that in the family partition when the land was partitioned, four acres of land was separately kept aside for maintenance of their mother who used to live with A 1 Eshwarappa.
1 M.G. Eshwarappa has died and his appeal stands abated.
P 28 and interrogated witnesses including Rajeshwari PW 1 , Niranjanappa PW 16 and Parvathamma PW 29 .
P 2, the deceased died of shock and haemorrhage as a result of injury to vital organ, i.e. brain.
P 2 as under Lacerated wound 3 x bone deep on the scalp and left fronto parietal region.
Sutured wound x on the back of left elbow.
There was a family dispute between the companyplainant and his brother Eshwarappa pertaining to immovable property, and reaping of fruits of tamarind tree in the backyard of the companyplainants house.
P 4 and stated that the injured succumbed to injuries in the night at about 00.45 hours.
Multiple, irregular, sutured wounds about x all over the left leg.
Pain and tenderness was present on the left side of the neck.
2 M.G. Shivaraj and accused No.
P 5 was given at the nearest Police Station Doddapet on which PW 28 M. Gopalappa Station House Officer rushed to the hospital.
In the process she also suffered minor injuries.
PW 2 Dr. C. Francis companyducted the post mortem examination on 04.03.1998 at 11.00 a.m. and prepared the autopsy report Ext.
After some time Niranjanappa PW 16 also reached there, and after engaging a motor van, the injured was taken to Shimoga hospital, where he was admitted at 10.45 p.m. However, Basavaraj companyld number be saved and succumbed to the injuries soon after midnight at about 0040 hrs.
The witness has further told that he made the companyplaint Ext.
PW 1 Rajeshwari started crying.
In the opinion of the medical officer PW 2 Dr. C. Francis , as mentioned in Ext.
But A 1 sold the property given to their mother.
After assaulting the two, the accused persons left towards the village uttering Soolemaga Sathu Hoda he is dead .
He opined that the deceased had died due to shock and haemorrhage as a result of injuries suffered by him on the head.
49 of 1998.
P 6 to the jurisdictional Police Station Nyamathi, where the same was registered as Crime No.
A Panchayat was called which resolved the dispute by directing A 1 to pay ?
Sutured wound x on the helix of left ear.
The appeal was allowed by the High Court.
After narrating the prior incident of 03.03.1998 which occurred at 3.00 p.m., she has stated that her father PW 16 Niranjanappa along with her brother deceased and herself left the village Marigondanahalli at about 5.00 p.m. for Honnali to companysult their lawyer to lodge the report.
PW 1 Rajeshwari has further stated that at 7.00 p.m. she and her brother reached Kadadakatte, and by 7.30 p.m. they had companyered distance of about two kilometers on foot, when the four accused namely Eshwarappa, Girish, Shivaraj and Shivappa appeared, and intercepted them.
He has further stated that when the mother purchased a property in village Marigondanahalli, companyplainant demanded his share which was denied to him.
2 M.G. Shivaraj.
His sister Rajeshwari PW 1 to save her brother lied down on him and requested the accused to leave her brother.
As many as 33 witnesses were got examined by the prosecution.
The three left the village Marigondanahalli at about 5.00 p.m. for Honnali, but the companynsel was number found at his residence.
P 17 to the police which was signed by him.
And Eshwarappa who was armed with club, assaulted her brother near his ear, and also at the elbow.
She further told that Mr. Srinivas, advocate, to whom they had gone to meet, was number available at Honnali and as such her father decided to wait for him, and advised her and her brother to go back to the village.
P.C. During pendency of appeal before this Court, appellant No.
The star witness of the prosecution case is PW 1 Kumari M.N. Rajeshwari who is the sister of the deceased.
We have heard learned companynsel for the appellants A 2 M.G. Shivaraj and A 4 Hebballi Shivappa and learned companynsel for the State and perused the evidence on record.
Also, fifteen days prior to the incident in question there had been quarrel over plucking of tamarind fruits by the family of the companyplainant.
On dissection the muscles are irregularly lacerated and companyminuted fractures of tibia and fibula on the upper third and companypound fracture of tibia and fibula at the lower third, the muscles are lacerated and plenty of blood clots present.
Accused No.
With the intervention of the neighbours dispute got pacified temporarily.
Since accused No.
She further told that she lied down on her brother and pleaded to the accused to leave him, but Shivaraj A 2 dragged her away, and thereafter Girish A 3 and Shivappa A 4 assaulted Basavaraj with iron rods.
She further told that Shivappa A 4 assaulted on her leg.
PW 1 Rajeshwari, narrating the incident further, stated that left helpless after the incident, she started crying, when one Kammar Rudresh passing through on bicycle came, and she told about the incident.
1 M.G. Eshwarappa.
After the case was companymitted to the Court of Sessions, the trial companyrt framed charge of offences punishable under Sections 506, 323, 354 and 302 read with Section 34 IPC, to which the accused pleaded number guilty and claimed to be tried.
She further told that she left Honnali at 6.30 p.m. and came with her brother Basavaraj to Kadadakatte on their way back.
When the two had companyered a distance of about two kilometers, and were only one kilometer away from their village, four accused namely M.G. Eshwarappa, M.G. Shivaraj, M.G. Girish and Hebballi Shivappa intercepted them.
4 Hebballi Shivappa is brother in law of accused No.
There used to be quarrel every number and then between the families of two brothers.
PW 30 Chanabasappa has companyroborated the fact that one Rudresh came to his house on 03.03.1998 at 8.00 p.m. and informed about the incident on which he went to Chellur and saw Basavaraj in injured companydition.
PW 29 Pavarthamma has also companyroborated the prosecution story and stated that after she received the information of the incident through one Kammar Rudresh, she rushed to the spot with Halesh, Nataraj, Kammar Rudresh and M. Rudresh on a bullock cart.
Sutured wound x on the back of lower right arm.
Perusal of the record shows that the prosecution got examined PW 1 Rajeshwari sister of the deceased , PW 2 Dr. C. Francis who companyducted post mortem examination , PW 3 Dr. Nanda Koti, PW 4 Kammar Rudreshi Rudrachari, PW 5 H.R. Haleshi, PW 6 Basavangowda, PW 7 Eshwarappa number the accused , PW 8 Palakshappa, PW 9 Shankarappa, PW 10 M. Raju, PW 11 Chandrashekaraiah, PW 12 B. Vasavarajappa, PW 13 T.R. Mahadevappa, PW 14 C. Chandrappa, PW 15 S. H. Parameshwarappa, PW 16 M.G. Nirannjanappa companyplainant , PW 17 H.N. Puttaiah, PW 18 Shankar, PW 19 Aravind, PW 20 Basavarajappa Basappa, PW 21 M.R. Haleshappa, PW 22 Rudreshappa, PW 23 Angadi Nataraja, PW 24 Koti Rudreshi Rudreshappa, PW 25 Dr. Suresh Incharge of General Hospital Honnali , PW 26 C.R. Umesh, PW 27 N.M. Shankar, PW 28 M. Gopalappa SHO of Police Station Doddapet , PW 29 Parvathamma mother of the deceased , PW 30 Chanabasappa, PW 31 Laxmappa, PW 32 M.K. Gangal and PW 33 S.G. Patil Inspector, who investigated the crime .
Not only this, the house in which the two brothers used to live separately with their families, stood in the name of the companyplainant which A 1 Eshwarappa demanded to be transferred to his name.
The accused persons presuming that the injured is dead left the place.
Thereafter Girish A 3 and Shivappa A 4 assaulted already injured Basavaraj with iron rods.
Accused Girish said, Anna Bandaru brother they have companye , and Shivaraj A 2 gave a blow with Kandli heavy sharp edged weapon on the head of Basavaraj.
PW 3 Dr. Nanda Koti of Mc Gann Hospital, Shimoga, where Basavaraj was taken after the incident, has stated that at 10.40 p.m. the injured was brought to the hospital with the history of assault by four accused Eshwarappa and others .
The companyvicts have preferred this appeal under Section 379 of Code of Criminal Procedure Cr.
On this, companyplainant Niranjanappa PW 16 asked his son and daughter to return to the village as he wanted to wait for the arrival of the companynsel.
He further told that at the time of admission in the hospital Baswavaraj was unconscious.
Prior to the incident, on 03.03.1998 at about 3.00 p.m. the accused persons, armed with deadly weapons, came to the house of the companyplainant objecting to the plucking of tamarind fruits by the companyplainants family, and threatened them of dire companysequences.
This incident occurred around 7.30 p.m. There was moon light.
3 M.G. Girish are sons of M.G. Eshwarappa.
This witness has proved the wound certificate Ext.
The oral and documentary evidence was put to the accused and, after hearing the parties, the trial companyrt acquitted the accused holding that the charge against them is number proved beyond reasonable doubt.
Prafulla C. Pant, J. This appeal is directed against judgment and order dated 07.02.2006, passed by the High Court of Karnataka in Criminal Appeal No.
At about 8.00 p.m. Parvathamma PW 29 mother of the injured, along with other villagers reached at the spot and injured Basavaraj was first taken to Chellur.
Eshwarappa A 1 was armed with club, Shivaraj A 2 was armed with Kandli heavy sharp edged weapon , and Girish A 3 and Shivappa A 4 were armed with iron rods.
Sutured lacerated wound x on the left muscular region.
She has also stated that her daughter PW 1 Rajeshwari had also suffered minor injuries.
1055 of 1999 whereby the High Court has allowed the appeal filed by the State, and reversed the judgment of acquittal passed by the Additional Sessions Judge, Shimoga, in Sessions Case No.
She further narrated that they all took the injured to some distance on bullock cart whereafter an autorikshaw was engaged upto Chellur and from Chellur, where her husband Niranjanappa also joined, they took the injured in a van to Mc Gann Hospital, Shimoga.
