During the investigation the accused came to be arrested and while in custody they made statements which led to the recovery of certain incriminating articles.
In order to bring home the guilt of the accused persons the prosecution relied upon the evidence of three eye witnesses company boys and the evidence of Narsamma P.W. 16 .
P.14 that the abdomen of the deceased was full of digested food and water and the small intestines companytained digested food.
Sidappa P.W. 11 was the first informant.
399 of 1980 challenging the order of acquittal in respect of A 2 and A 3 passed by the trial companyrt.
The Additional Sessions Judge by his judgment and order dated February 7, 1980 companyvicted A 1 and A 4 for the said offence and sentenced them to suffer imprisonment for life but however, acquitted A 2 and A 3 of the said charge.
Accordingly, she went to the village and told about the assault to Siddappa, her mother and other relatives.
According to them they were falsely implicated in the present crime out of enmity.
When she heard the quarrel she came near the place of occurrence when Bandappa told her to go and call his brother Sidappa P.W. 11 .
Sensing danger to his life Bandappa told his daughter Narsamma P.W. 16 to go and call his brother Siddappa.
It was alleged by the prosecution that thereafter A 1 caused a blow with his axe on the vital part of Bandappa causing him bleeding injuries.
A water canal passed from the katta which demarcated the lands of Bandappa and A 1 and A 2.
A 1 was carrying an axe, whereas A 4 was having a stick in his hand.
A 2 and A 3 exorted A 1 and A 4 to teach a lesson to Bandappa.
They pleaded that they being innocent, be acquitted.
Consistent with these findings the learned trial judge companyvicted A 1 and A 4 for the offence punishable under.
The State of Karnataka has filed these Criminal Appeals by Special Leave in this Court against this judgment and order of acquittal passed by the High Court.
Both the appeals were heard together and the High Court by its companymon judgment and order dated March 13, 1981 allowed the Criminal Appeal filed by the two companyvicts and set aside the order of their companyviction and sentence and acquitted them of the said charge.
The learned trial judge on perusal of the evidence of eye witnesses and other materials on record held that the evidence of the three eye witnesses, although they were minors within the age group of 10 to 12 years , was credible one and which found companyroboration from that of Narsamma P.W. 16 and the First Information Report lodged by Sidappa P.W. 11 .
The prosecution has unfolded its story at the trial as under It is number disputed that Bandappa since deceased , A 1 and A 2 owned agricultural lands adjacent to each other.
A 1 and A 4, two companyvicts preferred Criminal Appeal No.
The net result, therefore, is that all the four accused stood acquitted.
12 to 14, as regards the assault on the deceased was companycerned, that A 1 dealt three blows from the side of sharp edge of the axe on the head and one blow on the right elbow, while A 4 beat on the chest, stomach and other parts of the body by means of a stick A 2 and A 3 instigated A 1 and A 4 to finish off Bandappa.
A 1 in support of his defence examined two witnesses, namely, Maruthi D.W. 1 and Saraswathi D.W. 2 .
It was further alleged by the prosecution that three company boys, namely, Kalappa P.W. 12 , Sonama P.W. 13 and Raju P.W. 14 who were grazing their cattle in the nearby field, on hearing the quarrel between Bandappa and A 1 and A 4, came near the land of Khane Moddi and witnessed the entire assault from the karkhani where jaggery out of sugarcane was being prepared.
It was alleged by the prosecution that on 30.6.1978 at about 9 a.m. Bandappa came to the field along with his daughter Narsamma PW 16 .
When Bandappa fell down A 4 assaulted him with a stick.
A 1 to A 4 were then sitting in their lands.
The Criminal Appeal filed by the State of Karnataka came to be dismissed.
The defence of the accused did number find favour with the learned trial judge who rejected the same being an afterthought.
The State of Karnataka also filed Criminal Appeal No.
Sidappa P.W. 11 after numbericing serious bleeding injuries on the person of his brother went to the police station to lodge the FIR.
It was because of this inconsistency in medical evidence and that of Sundarama P.W. 7 the High Court entertained a doubt that the incident might number have taken place at about 11.30 or 12.00 numbern as deposed to by the eye witnesses.
The Circle Inspector of Police Sri P.N. Puthlikar P.W. 18 along with other police officers went to the place of incident and companymenced the investigation.
She remained busy in grazing her cattle whereas Bandappa was uprooting the shrubs on the boundary line of his land.
At about 11.30 a.m. all the four accused picked up a quarrel with Bandappa and questioned him as to why he was digging the boundary line.
The Station House Officer on duty recorded the First Information Report at about 3.30 p.m. on the same day.
105 of 1980 to the high companyrt of Karnataka at Bangalore challenging their order of companyviction.
The large intestine was full of gases and faecal matter.
He recorded the statements of various witnesses including that of three company boys during the early hrs of July 1, 1978.
In view of this positive evidence of P.W. 7, it was certain that the digested food, as observed by P.W. 21 in the stomach and small intestines of the deceased, he must have had taken his food during the previous day evening.
Sundaramma P.W. 7 the wife of the deceased testified that the deceased had number taken any breakfast in the morning of 30.6.1978 and while going to the land, he told her that he would return for food.
All the relatives of Bandappa along with Narsamma PW 16 came to the place of occurrence.
After holding the inquest on the dead body of Bandappa it was sent to the Civil Hospital at Bidar for post mortem examination.
In addition to the above evidence the prosecution also examined formal witnesses and relied upon the recovery of certain incriminating articles.
Section 302/34 IPC and sentenced them to suffer imprisonment for life whereas A 2 and A 3 were acquitted.
Dr. Veerabhadrayya P.W. 21 was examined to prove the injuries on the dead body of Bandappa and the cause of his death.
The High Court while dealing with the two sets of appeals, one filed by A 1 and A. 4 and the other filed by the State of Karnataka, on reappraisal of the evidence of the prosecution witnesses and the other materials on record found that the evidence of three eye witnesses, namely, Kallappa P.W. 12 , Somanna P.W. 13 and Raju P.W. 14 was number reliable since the said evidence suffered from many companytradictions and omissions.
The defence of the accused was that of total denial.
Suddenly A 1 and A 2 advanced towards Bandappa who was then working in his land and thereafter started abusing him.
P.W. 15 in his evidence stated that A 1 had given four blows on Bandappa three on the head and one on the right elbow by means of an axe.
13 and 14 had made improvements in their evidence in line with the version of P.W. 12 by stating that out of four axe blows dealt by A 1 on Bandappa three blows were by means of blunt side of the axe.
After companypleting the investigation all the four accused were put up for trial for the aforesaid offence.
