NESARGI, J. - (1.) In this appeal, the appellants who are accused Nos. 1 and 2 in SC No. 110 of 1980 on the file of the Addl. Sessions Judge, Bijapur, have challenged the legality and correctness of the conviction and sentence passed on them. They have been convicted for, each one of them, having committed an offence punishable under S. 302 of IPC read with S. 34 of IPC and sentenced to undergo imprisonment for life.
(2.) The deceased is one Bapu, the eldest brother of the two appellants accused. PW 2 Appasaheb is another elder brother of the accused. PW 3 Channarawwa and PW 10 Melappa are the parents of the accused, PW 2 and the deceased. PW 4 Susalawwa is the wife of the deceased. These persons and PWs 5 to 9 and 11 are the residents of Bableshwar, in Bijapur District. There is a police station in Bableshwar. PW,s 12 to 15 were attached to that police station. PW 16 Hanamant and PW 17 Fakirappa were the Circle Inspectors of Police of Bijapur Rural Police Station within whose jurisdiction the Bableshwar Police Station lies. The Prosecution case is that about two years prior to the date of incident which is 30-7 1980 (5 PM) there was partition in the properties belonging to the family of PWs 10, 3 and their sons six in number. The accused persons were given to wasting and squandering money. About 15 days prior to the incident, the deceased commenced working in the land of accused No. 1 as directed by PW 10. Accused No. 1 protested.
(3.) At about 8 AM on 30-7-1980, the deceased took coolies to the land of accused No. 1 and commenced plucking the cotton raised by accused-No. 1. PW 3 saw accused Nos. 1 and 2 go towards the said land She asked her husband PW 10 to go to the land and "prevent any untoward happening. PW 10 accompanied by one Siddararnappa (not examined) went to that land and found that the accused and the deceased were quarrelling. PW 10 reprimanded his sons. The accused then went into a neighbouring land. PW 7 Basappa who has his land adjacent to that land was present in his land. PW 10 requested PW 7 to keep an eye on these persons lest they may quarrel over again and something undesirable might come out of it. Nothing happened further on. After taking food the deceased went towards the garden land of the accused. He was accompanied by one Gurappa (not examined). When they were near Marawwa temple Gurappa went away. PW 8 and others were sitting chitchatting on the pial of Marawwa temple. Both the accused came there being armed with axes. Accused No. 2 assaulted the deceased on his back by means of the axe he carried. The deceased ran crying to PW 8. PW 8 tried to separate the accused and the deceased. He separated the accused and the deceased and while doing so he asked the deceased to run away. PW 8 and one Ammanna (not examined) held the hands of both the accused per. sons, One Yellappa (not examined) also came there. At that time, Accused No. 1 slapped on the face of PW 8 and then both the accused ran away towards Harijan Keri. The deceased went to his house, but returned little while thereafter being armed with a babul stick. On coming to the place in front of Marawwa temple he began to shout at the accused and abused at the accused. It appears that the accused beard the shouts and abuses hurled at them by the deceased and came back from the Harijan Keri. Accused No. 1 dealt an axe blow on the left hand of the deceased while accused No. 2 held the deceased. Accused No. 1 thereafter dealt axe blows indiscriminately on the person of the deceased while accused No. 2 was standing and witnessing the assault. PWs 2 and 3 appeared there. Thereupon the accused ran away leaving MO 1 the axe at the spot. PW 2 went to the police station in Bableshwar at 5-30 PM. PW 13 Yellappa, Head Constable, was the Station House Officer. PW 2 gave information which was reduced to writing as per Ex. P 5. PW 13 registered crime No. 71 of 1980 and issued first information report Ex. P 16. He went to the spot, held inquest proceedings over the dead body of the deceased and after the inquest he recorded the statements of PWs 3, 4, 8 and CW 11 Yellappa. PW 15 Vishwanath, Sub-Inspector of Police, reached the spot at night and took over investigation from PW 13. He tried to trace the accused persons, but they were absconding. By about 8 AM on 31-7-1980 the then Circle Inspector of Police namely PW 17 Fakirappa reached there and took up investigation from PW 15. By 3-9-1980 the investigation changed hands from one Circle Inspector of Police to the other as and when the Circle Inspectors of Police were sent for training or transferred, Ultimately, on 3-9-1980, PW 15 Sub Inspec- tor apprehended the accused at Dundagaon in Maharashtra State. He produced them before the Circle Inspector of Police, PW 16 who arrested them on 4 9-1980.;