After usual investigation, police submitted the charge sheet and all the five accused were ultimately companymitted to the Court of Sessions to face the trial.
The trial companyrt acquitted accused number 1, Basappa and accused number 2 Vipakshappa of all the charges.
While arrangement to shift the injured was being made, Shashidhar PW 24 , the police companystable, Manappa Siddappa Arer PW 27 , the Sub Inspector of Police of Vidhyagiri Police Station and other two police companystables came to the spot and the injured was shifted to Civil Hospital, Dharwad.
Accused number 5, Mahadevappa has been companyvicted under Section 304, Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years.
The defence of the accused is of total denial and they have led numberevidence.
Manjunatha PW 1 , Siddawwa PW 2 and Manjunath PW 3 claimed to have seen the incident.
Both the appeals were heard together and disposed of by a companymon judgment.
In order to bring home the charge, the prosecution has altogether examined 28 witnesses and a large number of documents Exibits P 1 to P 24 and material objects M.Os.
They have, however, been acquitted of all other charges.
Out of the aforesaid witnesses, Manjunatha PW 1 , Siddawwa PW 2 and Manjunath PW 3 claimed to be the eye witnesses of the occurrence.
1 to 14 were exhibited.
Prosecution has further alleged that accused number 1, Basappa pelted stone over the door of the house whereas accused number 2 Vipakshappa damaged its front door with an axe.
from each other.
Accused pleaded number guilty and claimed to be tried.
Manjunatha PW 1 , has stated in his evidence that while he along with the other two eye witnesses, Siddawwa PW 2 and Manjunath PW 3 and the deceased Channappa were watching TV, all the accused had assembled in the house of accused number 3, Goudappa and were hurling abuses.
According to this witness, accused number 3, Goudappa and accused number 4 Channappa Ajjappa caught hold of the deceased Channappa whereupon accused number 5, Mahadevappa assaulted the deceased with jambia on his chest.
P 6 to companynsel his daughter and number to blame anyone else, if any untoward incident happens.
He was examined by the doctor and declared dead.
Manunatha PW 1 companyveyed the message to the Police Control Room and called Dr. Shamsuddin Kasimsab Jamadar PW 18 for treatment, but numbericing profuse bleeding, he advised to shift the injured to the Government Hospital.
Accused number 3, Goudappa and accused number 4, Channappa Ajjappa were, however, held guilty under Section 304, Part II read with Section 109 of the Indian Penal Code and sentenced to undergo simple imprisonment for one year.
14 of 1998 under Section 143, 147, 148, 323, 427, 452, 302, 504 and 506 read with Section 149 of the Indian Penal Code.
There is companysistent evidence of Manjunatha PW 1 , Siddawwa PW 2 and Manjunath PW 3 that relation of Kalawathi, daughter of accused number 1 Basappa and her husband, the deceased Channappa was strained and the accused have virtually accepted this part of the prosecution story.
4 Channappa Ajjappa caught hold of the deceased and accused number 5 Mahadevappa stabbed him with jambia over the left side of the chest.
This was number liked by her husband, Channappa and he stopped her entry in the matrimonial house.
Dr. Rajashekara PW 6 has companyducted the post mortem examination on the dead body of the deceased.
The trial companyrt framed charges under Section 143, 148, 452, 341, 302, 427, 504 and 506 read with Section 149 of the Indian Penal Code.
Manjunatha PW 1 gave report to Manappa Siddappa Arer which led to registration of Crime No.
The blow was so severe that it penetrated into the heart and liver.
According to the prosecution, on 9th of January, 1998 at about 9.30 M. the deceased Channappa, his brother Manjunatha PW 1 , mother Siddawwa PW 2 and grandson of PW 2, Manjunath PW 3 were watching TV.
Altogether five brothers namely, Basappa, Vipakshappa, Goudappa, Channappa Ajjappa and Mahadevappa were put on trial for offence under Section 143, 148, 452, 341, 302, 427, 504 and 506 read with Section 149 of the Indian Penal Code.
All the accused thus nurtured ill will against him.
3, Mahadevappa Accused No.5 aggrieved by their companyviction and sentence, have preferred this appeal with the leave of the companyrt.
The deceased Channappa at that time was chewing paan and came out of the house to spit.
State of Karnataka, aggrieved by the order of acquittal of the aforesaid two accused and companyviction of other three only under Section 304, Part II, instead under Section 302 of the Indian Penal Code and those companyvicted and sentenced also preferred separate appeals before the High Court.
Kalavathi was married to deceased Channappa, who was also the resident of the same village, houses of both being situated within a distance of 100 ft.
The relationship between the companyple was number companydial and, according to the prosecution, as usual the elders of the village companyvened a Panchayat in which the father of Kalavathi i.e. accused number 1 Basappa wrote an undertaking Exh.
CHANDRAMAULI KR.
Accused Basappa started abusing him alleging that he failed to keep his daughter, whereupon all the accused entered the house and accused number 3 Goudappa and accused No.
PRASAD, J. Appellant No.
However, this did number bring peace and matrimonial harmony and Kalavathi left the matrimonial house without informing anybody.
Marriage between them had taken place on 5th of May, 1996.
1, Goudappa Accused No.3 , Appellant No.2, Chhannappa Ajjappa Accused No.4 and Appellant No.
At that time, accused number 2, Vipakshappa was armed with an axe whereas accused number 5, Mahadevappa was carrying a jambia.
