Decided on March 31,1954

SHIVAPPA Appellant


- (1.) THESE are five criminal appeals, Nos. 957, 1018, 1019, 1025 and 1183, register No. 6 of 1952-53. The District and Sessions Judge, Gulbarga, by judgment dated 16-9-1952, has convicted and sentenced die appellants, Shivappa, Mohd. Khan, Yellappa, Laxmayya and Chandrayya to transportation for life for offences Under Sections 121, 396 and 436, IPC We have heard the arguments of the learned Counsel, Shri Shaik Mohd. Hasan and die learned advocate, Shri Manoher Raj Saxena for die appellants and the learned Government Advocate, Shri Srinivasaraghavachari for the State.
(2.) THE facts alleged are that on 17-10-1950 at midnight in Antwaram village, Chincholi Tk. , Gulbarga Dist. the five appellants together with several other communists attacked the Police outpost at Antwaram; diat fire was exchanged in which four constables were injured and one Govardhan More was shot dead. The First Information Report was issued on 25-10-1950 and it reached the court on the 26th. A panchanama of the corpse was made though no inquest was held. Both these documents do not contain the name of any of the appellants. The challan was filed 8 months later on, on 11-6-1951 after the arrest of the accused in March and April 1951 and a supplementary challan on March 1952. The prosecution has adduced 9 witnesses and die defence none.
(3.) P. W. 1 is Mohd. Wazir Ali, the Munsif Magistrate in whose presence the identification parades were held. P. W. 2 is Mohd. Soofi, die District Superintendent of Police, Bidar. He has deposed that he arrested A-5 Chandrayya and raided the place visited by him, found ammunition and rifles which he seized. He has deposed furdier that as he found tiiat these rifles and die tommy gun belonged to die outpost at Antwaram from where they were stolen, he sent Chandrayya to be prosecuted for the offence committed at Antwaram. P. W. 3 Vishwanadiam is the panch of die dead body. P. W. 4 Ramchandra Reddy has deposed that during the occurrence the house wherein the Police people were sitting was set fire to and that he helped to put out the fire after die departure of the communists. He has deposed that he also heard the exchange of fire between the Police and the communists. P. Ws. 5 and 6 B. G. Mahadak and Bhimrao N. Tate are the two eye-witnesses. Mahadak is die Havaldar of Police and he has identified A. 2 and A. 3 in the identification parade. He has clearly deposed that he identified the accused at the time of the occurrence also in the light caused by die house which was burnt down. He has made it clear that he had occasion to observe diese accused for more dian half an hour and as tiiere was sufficient light he identified diem fully. The deposition of P. W. 6 is more or less to the same effect. He has also identified all the five appellants not only at the time of die occurrence but also in the various identification parades held in tile presence of the Magistrate. P. W. 7 Laxmansingh has deposed that he received information from the Police out-post at Antwaram at his station at Kanch-waram and forwarded it to Chincholi from where dip First Information Report was issued. P. W. 8 William Bhaskar is the Sub-Inspector of Chincholi and he has deposed to arresting die appellant, Yelliah. P. W. 9 Bhojraj is the Circle Inspector of Shahbad and he has identified the panchanarha of the dead body which he framed.;

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