JUDGEMENT
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(1.) These three appeals arise from a common judgment and order passed by
the Karnataka High Court. By the impugned judgment, the High Court disposed
of two appeals, which came to it from a common judgment and order passed by
the trial court. The High Court allowed the appeals insofar as Smt. Nagavva
(accused no. 2) and Doddappa Ningappa Ugarkhod (accused no. 13) are
concerned and acquitted them of all the charges. In regard to the rest of
the accused (the present appellants before this Court) the appeals were
dismissed and their conviction and the sentences given to them by the trial
court was confirmed by the High Court.
(2.) Criminal Appeal No. 47 of 2007 (that was the last among the three
appeals to come to this Court) is at the instance of Sataveer Basappa
Hariyal (accused no.1: He died on November 10, 2009 during the pendency of
the appeal), Honnappa Shiddappa Banni (accused no. 3), Beerappa Shiddappa
Huggi (accused no. 9) and Yallappa Kenchappa Vibhuti (accused no. 16).
Criminal Appeal No. 1064 of 2005 has been filed by Beerappa Demasheppa
Deshanur (accused no. 5) and Maruti Demasheppa Deshanur (accused no. 6).
All the six appellants in these two appeals are convicted under section 302
read with section 149 and some other ancillary sections of the Penal Code.
For committing murder, they are sentenced to undergo rigorous imprisonment
for life and a fine of Rs. 2,000/- each with the default sentence of
imprisonment for six months. They are also given some lesser punishments
for the various other offences but all the sentences are directed to run
concurrently.
(3.) Criminal Appeal No. 683 of 2005 (which was the first among the three
to come to this Court) is filed by Gangappa Ningappa Ugarkhod (accused no.
12). His conviction is mainly under section 326 read with section 149
beside some other ancillary sections of the Penal Code. He is sentenced
under section 326/149 to rigorous imprisonment for three years and a fine
of Rs. 2,000/- with the default sentence of imprisonment for six months.
The relatively lesser sentences for other offences in his case too are
directed to run concurrently with the main sentence.
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