In the report, it is alleged that all the accused trespassed into the fields with the companymon intention of companymitting murder of the deceased as the deceased interfered in a matter companycerning some illicit relationship between the sister of the accused and one Siddanna.
Few Relevant Facts On 9th September, 1998 at about 6.00 p.m. one Shivalingayya lodged a first information report before the Sub Inspector of Yedrami Police Station inter alia alleging that his son Sharanaiah was murdered by four persons namely Sangappa A 1 , Sharanappa A 2 , Malappa A 3 and Jagadavappa A 4 .
The deceased on finding that the bullock so entered into the fields asked the appellants to ensure that numberdamages caused to the crops.
P4 and seized the several incriminating articles.
The learned 1st Additional Sessions Judge, Gulbarga, on the basis of the material available on record framed charges against all the accused for the offences punishable under Sections 447 and 302 read with Section 34, IPC.
Having received the first information report PW 11 registered a case against all the accused on the file of Yadrami Police Station for the offences punishable under Sections 447, 504, 302 read with Section 34, IPC.
The next day i.e. 10th September, 1998, PW 11 companymenced the investigation and companypleted the formalities including recording of the statement of witnesses and handed over the case for further investigation by the Circle Inspector PW 12 who also visited the scene of offence and drawn panchanama in the presence of two panch witnesses Ex.
The trial companyrt did number discard the evidence of PW 1 on the sole ground that she was the interested witness.
During that time all the accused persons were passing by the side of the companyplainants land along with their bullocks and all of a sudden one bullock strayed into their fields and started grazing the crops.
Enraged by the demand so made by the deceased all the accused started abusing the deceased.
It is further alleged that Sharanappa A 2 caught hold of the deceased, floored him to the ground and gagged his mouth and Sangappa A 1 attacked the deceased with a knife and the other two accused Mallapa and Jagadevappa A 3 A 4 respectively hit the deceased on his back and legs with stones.
It is alleged in the report that on the fateful day Shivalingayya and his wife Boramma PW 1 joined their son Sharanaiah deceased in the fields to remove the unwanted weeds from their land.
The matter did number end there.
The Sessions case was transferred to the Fast Track Court, Gulbarga for the trial.
SUDERSHAN REDDY, J. Leave granted.
Shivalingayya and his wife PW 1 made an attempt to rescue their son but A 2 and A 3 forcefully pushed them aside.
All the accused appellants were charged and tried for the offences punishable under Sections 447, 504, 302 read with Section 34 of the Indian Penal Code IPC but were acquitted of all the charges by the trial companyrt.
The accused were arrested on 25th September, 1998.
