GOUDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant No. 1, Goudappa (Accused No.3), Appellant No.2, Chhannappa @ Ajjappa (Accused No.4) and Appellant No. 3, Mahadevappa (Accused No.5) aggrieved by their conviction and sentence, have preferred this appeal with the leave of the court.

(2.) 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. The trial court acquitted accused no. 1, Basappa and accused no. 2 Vipakshappa of all the charges. Accused no. 3, Goudappa and accused no. 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. Accused no. 5, Mahadevappa has been convicted under Section 304, Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. They have, however, been acquitted of all other charges.

(3.) State of Karnataka, aggrieved by the order of acquittal of the aforesaid two accused and conviction of other three only under Section 304, Part II, instead under Section 302 of the Indian Penal Code and those convicted and sentenced also preferred separate appeals before the High Court. Both the appeals were heard together and disposed of by a common judgment. The High Court by the impugned judgment and order has set aside the judgment of acquittal and held all the accused guilty under Section 143 and 148 of the Indian Penal Code and sentenced them to pay fine of Rs. 1,000/- on each count with a default clause. Those three found guilty under Section 304, Part II read with Section 109 or under Section 304, Part II of the Indian Penal Code simplicitor have, instead, been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life with default clause.