YALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the division bench of the Karnataka High court on 14/08/1981 in Criminal Appeal No. 599 of 1980, thereby allowing the appeal so far as accused 7, 11 and 13 were concerned, and partly allowing the appeal preferred by accused 1, 2, 3 and 5 against the order of conviction and sentence passed by the learned Sessions Judge, Belgaum, in Sessions case No. 40 of 1980. Accused 1 to 13 had faced the trial by the Sessions Judge, Belgaum, in Sessions Case No. 40 of 1980 for the offences under S. 143, 147, 148, and under Section 302 read with Section 34 Indian Penal Code. Accused 1 was also tried for offence under Section 30 of the Arms Act. The learned Sessions Judge by the aforesaid order dated 25/09/1980 acquitted accused 4,6,8,9, 15 and 12 but convicted accused 1,2,3,5,7, 11 and 13 under S. 143, 147 and 148 Indian Penal Code and sentenced to six months' rigorous imprisonment for the said offences. He also convicted all the said accused persons under Section 302 read with Section 149 Indian Penal Code for murder of Lakshmappa and were sentenced to suffer imprisonment for life. They were further convicted under Section 324 read with Section 149 Indian Penal Code and were sentenced to imprisonment for six months. Accused 1 was further sentenced to imprisonment for three months for the offence under Section 30 of the Arms Act. It was directed that all the sentences should run concurrently. Against such conviction and sentence of the said accused persons, they preferred an appeal against the division bench of the Karnataka High court being Criminal Appeal No. 599 of 1980. The State of Karnataka also preferred an appeal being Criminal Appeal No. 189 of 1981 before the Karnataka High court against the acquittal of accused 4,6,8,9, 10 and 12. Both the said two appeals were disposed of by the Karnataka High court by the judgment dated 14/08/1981 and the appeal preferred by the State being Criminal Appeal No. 189 of 1989 against the acquittal was dismissed by the High court but the Criminal Appeal No. 599 of 1980 preferred by the convicted accused persons was allowed so far as accused 7, 11 and 13 were concerned and they were acquitted of all the charges. The conviction and sentence of accused 1 under Section 30 of the Arms Act were upheld by the High court and the conviction and sentence of accused 1, 2 and 5 under Section 302 read with Section 149 Indian Penal Code was modified as conviction and sentence under Section 302 read with Section 34 Indian Penal Code and sentence of life imprisonment passed against the said accused was upheld. The conviction of accused 1, 2, 3 and 5 under Section 324 read with Section 149 for assaulting Public Witness 3 was modified as conviction under Section 324 read with Section 34scc Indian Penal Code and conviction of accused 1, 2, 3 and 5 under Section 324 read with Section 149 Indian Penal Code for assaulting Public Witness 2 was set aside. The conviction and sentence of all the said accused persons under S. 143, 147 and 148 were also set aside by the High court. Accused 2, 3 and 5 have preferred the instant appeal against their conviction and sentence as passed by the Karnataka High court in the said Criminal Appeal No. 599 of 1980.

(2.) The undisputed facts of the case as noted by the High court are that accused 1 is the husband of accused 9 and son of accused 12 and brother of accused 10 and father-in-law of accused 13 and 5. Accused 3, 4 are the sons of accused 2. Accused 6 is the wife of accused 2. Accused 8 is the cousin sister of accused 1 and accused 11 is the servant of the farm of accused 1. Accused 7 is the husband of accused 8 and accused 1 and accused 9 to 13 live in a garden land known as 'haroora Hola' at a distance of about one furlong away from the Village Durbundi. The other accused persons were residents of the Durbundi village

(3.) Public Witness 2 is the mother of deceased Laxmappa and Mallappa. Public Witness 4, Shivappa, is the younger brother of deceased Laxmappa and Mallappa, Public Witness 3, Dundawa, is the Udki wife of deceased Laxmappa. The deceased, Laxmappa was residing in a rented house at Durbundi village with Public Witness 3 and PWs 2, 4 and deceased Mallappa were residing in a new house at Bandiwawad road at Durbundi village. The father of accused 1 and the father of the deceased Laxmappa and Mallappa were full brothers.