H.K. Sema, J. - (1.) Heard the parties.
(2.) Six accused all police personnel, A1 Sanganagouda Ayyanagouda Veeranagouda, Sub-Inspector of Police and A2 Chandrappa Basappa Komara, A3 Basavaraj Kadiyappa Aramani, A4 Kalakappa Gulappa Hosamani, A5 Eswarappa Rainappa Gowari, A6 Virupakshappa Shidramappa Narthi, Constables were put to trial before the trial court for the offence under Sections 330/348/201 IPC. The trial court after concluding the trial acquitted all the accused. On appeal being preferred by the . State, the High Court acquitted one of the accused and convicted the five appellants before us under Section 330 and sentenced them to six months RI. The High Court also found all of them guilty under Section 348 IPC and sentenced them three months RI. Both the sentences were directed to run concurrently. Aggrieved thereby, this appeal has been preferred by special leave.
(3.) The prosecution case in brief is that in connection with FIR case Crime No. 168 of 1988 for an offence under Section 302 IPC the deceased Guddappa was arrested on 19.10.1988 on the direction of Al by A2 to A5 and deceased expired by hanging in the Police Station on 20.10.1988. He was taken to hospital and died on the way. An enquiry was conducted by SDM with regard to the cause of death of the deceased and the report was submitted on 31.10.1983. Pursuant to the report an FIR was lodged on 6.11.1988 where all the accused were named. Thereafter, charge was framed against the appellants under Sections 330/348/201 as aforesaid. PW.17 Dr. Devadas P.K. conducted the postmortem and found the following injuries : 1. There is an oblique ligature mark present on the neck over front at the level of Adams apple 0.5 cms below the upper border/ measuring 19 cms in length and 2 cms in width. Situated 10 cms below the chin. The right end of the ligature mark is situated 5.5. cms below the right ear lobe and the left end of the ligature mark is situated 5 cms. below the left angle of lower jaw. Edges are not abraded, no echmosis is present. 2. Abrasion measuring 2.5 cms X 1 cm, present over the right side of forehead situated 4 cms. above the middle of right eye brow, reddish in colours. 3. Abrasion measuring 0.5 cms. 0.5 cms. present over left alee of nose reddish in colour. 4. Abrasion measuring 0.5 cms. X 0.3 cms. present over upper lip 0.5 cms. below the left alee of nose reddish in colour. 5. Abrasion measuring 4 cms X 1.5 cms. present over the top of right shoulder at the root of neck reddish in colour. 6. Abrasion measuring 2.5 cms. X 0.5 cms, present over the front of right shoulder over outer third of clavicle reddish brown in colour. 7. Oblique linear abrasion two in number 0.5 cms. apart measuring 1 cms. X 0.2 cms. and 8 cms. X 0.2 cms. respectively present over the left side front of chest situated 4 cms. below the left hippie and 12 cms. above the umbilicus reddish in colour. 8. Abrasion measuring 5 cms. X 3 cms. present over inner side of right abdomen 5 cms. above the base of sacrum measuring 14 cms. X 11 cms. X 1 cm. bluish in colour. 9. Contusion present over upper lumbar region over the back of the abdomen 5 cms. above the base of sacrum measuring 14 cms X 11 cms. X 1 cm bluish in colour. 10. Abrasion measuring 12 cms. X 4 cms. present over left side. of abdomen situated 5 cms. coastal margin reddish in colour. 11. Contusion measuring 7 cms. X 2 cms. X 1 cm. situated 15 cms. below the iliac crest over the left buttock bluish in colour. 12. Contusion measuring 12 cms. X 6 cms. X 3 cms. present over the right buttock at its center bluish in colour. 13. Contusion measuring 7 cms. X 8 cms. X 2 cms. present over the right buttock at its center bluish in colour. 14. Abrasion measuring 4 cms. X 3 cms. present over upper, part of right buttock 3 cms. below the iliac crest reddish in colour. 15. Contusion present over the outer side of left thigh 15 cms. below the greater trochanter measuring 9 cms. X 6 cms. X 2 cms. bluish in colour. 16. Contusion present over the front of left thigh measuring 9 cms. X 4 cms. X 3 cms. situated 5 cms. above the left patella bone (knee cap) bluish colour. 17. Contusion present over outer side of right thigh 6 cms. below the greater trochanter measuring 6 cms. X 5 cms. X 2 cms. bluish in colour. 18. Abrasion measuring 1 cm. X 0.5 cm. present 1 cm. below the left patella bone (knee cap) reddish in colour." On the basis of the complaint lodged an FIR Cr.No. 181/1988 was registered in which all the accused were named. ;