- (1.)Nagappa Yallappa Padagi (A 1) , basappa Shivappa Padagi (A 2) , ningappa Shivappa Padagi (A 3) , satteppa Yallappa Padagi (A 7) and basappa Kallappa Tolagi (A 6) are appellants before us. They have challenged the judgment and order of the High Court convicting them for offences under section 302/34, 307/34 and 436/34 and sentencing them to undergo R. I. for life, R. I. for five years and three years respectively for the other two offences. All the sentences were directed to run concurrently. By the said judgment and order the judgment of additional sessions judge acquitting the appellants was reversed.
(2.)In the trial for offence under section 302 and other offences before the additional sessions judge in all there were 17 accused. The High Court by the impugned judgment and order, besides the appellants, also convicted Ningappa yallappa Padagi (A 4) and Mukappa @ yallappa Bhimappa Hukkeri (A 5) for the offence under section 302/34 and other offences as noticed above. Smt. Basawwa (A 16) and Smt. Gangawwa (A 17) were also convicted by the judgment and order of the High Court for offence under section 323 IPC and were awarded simple imprisonment for one month. These four accused were not appellants before us in this appeal, as aforestated, this appeal has been preferred only by the five appellants.
(3.)Briefly, the prosecution case is as follows:- A 7 and the deceased Bhimappa were friends. About four years prior to the incident the deceased took away rudrawwa (PW 4) , the wife of A 7. Bhimappa took her to Goa and started residing with her. On the matter being taken up by A 7, the elder men of the village Basappa Sagehalli, Dr. Kulkarni (PW 6) and others decided that accused no. 7 should be given a sum of Rs. 4000/- in order to facilitate him to perform second marriage. Mother of Bhimappa gave that amount to A 7. Thereafter Bhimappa returned to the village along with PW 4 and started living in his house with her. There were frequent quarrels between A 7 and Bhimappa.