1185 of 2006 before the High Court against the acquittal of A1, A15, A16 and A21.
The learned Sessions Judge acquitted A1, A15, A16 and A21 on the ground that there acts are number solely responsible for the death of the deceased as they were merely holding Kalli Katagi and just prevented the deceased from escaping the assault made by A13, A14 and A17 and further, the post mortem report does number disclose any abrasion or injury by use of Kalli Katagi.
P.C. and registered the case as S.C. No.
At that time, Maningappa Sannasiddappagol A1 holding axe, Tippanna Ningappa Kundaragi A13 holding club, Shivappa Tippanna Kundaragi A14 holding axe, Krishnappa alias Kristappa Shashappa Biradar A15 holding club, Jaggappa Mallappa Biradar A16 holding club, Prakash Mallappa Shirabur A17 holding chopper and Malappa Shashappa Biradar A21 holding club came running from the side of the well.
It is the case of prosecution that, at 10.00 am on 15.09.2001, the deceased Bhimappa Biradar for short Bhimappa was sitting on the platform of village well and his son PW1 was getting his motor cycle tyres filled with air in the shop of PW 11, situated right opposite to the village well.
Thereafter, the deceased sat down pleading number to assault.
After investigation, the police charge sheeted all the accused persons for companymitting offences punishable under Sections 143, 147, 148, 504, 506 Part II and 302 read with Section 149 IPC.
On the basis of said companyplaint, the First Information Report dated 15.09.2001 in Crime No.
Then, A13, A14 and A17 again assaulted the Bhimappa deceased on the neck, shoulders and legs.
The Serology report and FSL companyfirmed that stains on the articles found are of human blood.
A13 and A14 passed by the Sessions Judge, Bijapur, in Sessions Case No.
After this incident, PW1 went to his elder brother Venkappa who was companystructing a house and from there, they both went to Babaleshwar Police Station at about 1115 am to file a companyplaint but PSI SHO PW18 was on duty at some other village.
Thereafter, A1, A15, A16 and A21 dragged Bhimappa deceased to a companyple of feet to the road.
The Principal Sessions Judge, Bijapur had taken companynizance of the offence under Section 193, Cr.
The above accused also threatened the bystanders with dire companysequences, if any one attempt to intervene to rescue the deceased.
824 of 2006 before the High Court.
Thereafter, A2 to A12, A18 to A20, A22 and A24 came running to the scene and assaulted the deceased with hands and kicked him.
82 of 2002.
The appellants are companyvicted under Section 302/149 IPC and sentenced to imprisonment for life.
The blood stained clothing of the deceased along with blood stained weapons were sent to the Forensic Science Laboratory.
Bhimappa Biradar deceased , the father of the Complainant had long standing enmity with Mansani family and Sirabur family, as 30 years ago, members of Mansani and Sirabur family had murdered the grand father of the deceased.
82/2002.
In response to this, the Bhimappa deceased tried to flee away but the above accused persons caught hold of him.
824 of 2006, dated 16.06.2009, whereby and where under, the High Court has reversed the order of acquittal of accused Nos.
122/2001 was registered and sent to the Court of CJM, Bijapur.
Thereafter, all the accused were arrested within a week from the date of incident.
After this assault, the above accused persons went away from the scene along with their weapons.
The appeal filed by the appellants A13 and A14 came to be dismissed and the order of companyviction and sentence passed by the Learned Sessions Judge was companyfirmed by the High Court.
Aggrieved by the judgment and order so passed by the learned Sessions Judge, the appellants, A13, A14 and A17 preferred Criminal appeal No.
Similarly, the State had carried the matter in Criminal appeal No.
A13 and A14 unperturbed to deceaseds imploration for mercy, assaulted him with axe due to which deceaseds fingers of hand got cut.
Further, recoveries of blood stained weapons used for the companymission of offence were made under a mahazar.
1185 of 2006 and Criminal Appeal No.
Since both Criminal appeals arise out of the companymon judgment of the High Court, we propose to dispose of the same by this companymon judgment.
A1, A15, A16, A21 and companyfirmed the order of companyviction of accused Nos.
The facts of the case, in brief, as put forth by the prosecution are Shri.
He sustained severe head injuries and fell down on the ground.
Subsequently, this enmity further intensified due to political rivalry and their relationship became more hostile.
Feeling aggrieved by this judgment of companyviction and order of sentence passed by the High Court, the present appellants accused are before us in these appeals.
PW 4 grand daughter of deceased informed the Bhimappa deceased that his presence was required in his house the Bhimappa deceased got up and started proceeding towards his house.
The accused persons did number lead any evidence, whatsoever.
On arrival of PW18, the written companyplaint of PW1 was lodged at 1200 Noon.
The High Court has allowed the appeal filed by A 17 Prakash Mallappa Shirabur and the companyviction passed against A17 was set aside and he was acquitted.
The learned Judge, on the basis of the allegations made in the charge sheet, framed the charges against all the accused persons under Sections 143, 147, 148, 504, 506 Part II and 302 read with Section 149 IPC.
These appeals are directed against the companymon judgment and order passed by the High Court of Karnataka at Gulbarga in Criminal Appeal No.
The accused pleaded that they are totally innocent and have been falsely implicated.
L. Dattu, J. Delay Condoned and Leave granted in SLP Crl.
of 2012 Criminal Miscellaneous Petition No.23190 of 2011 .
In order to prove the charges, the prosecution examined 18 witnesses in support of their case.
