- (1.) Leave granted.
(2.) These appeals by special leave call in question a judgment and order dated 19th November, 2012 passed by the High Court of Karnataka at Gulbarga whereby Criminal Appeal No.1926 of 2007 has been allowed, judgment and order of the Trial Court acquitting the appellants set aside, and the appellants convicted and sentenced to undergo rigorous imprisonment for a period of seven years under Section 304 Part II read with Section 34, IPC. A fine of Rs.5,000/- each and a default sentence of imprisonment for a period one year has also been awarded to the appellant.
(3.) The prosecution case in brief is that three years before the date of incident CW-11 Md. Shafi sold two acres of land to CW-2 Lingappa. The accused-appellants herein were upset by the said sale transaction and are alleged to be picking up quarrels with CW-2 besides causing obstruction in the free flow of water to the fields owned by the complainant from a distributory at Narayanapur. The appellants are alleged to be insisting that they will let water for irrigation flow only if the land purchased by the complainant was transferred in their favour. Lingappa was on that count coerced to sell the said two acres of land purchased from Mohd. Sahfi to accused-Abdul Razak. Despite this, however, the obstruction in the flow of water continued as the appellants started demanding money for letting the water flow. It was in the above background that on 19th September, 2006 at about 7.30 p.m. the appellants are alleged to have caught hold of Lingappa's son Basavaraj-deceased while he was returning home, tied his hands behind his back splashed chilly powder on his face and assaulted him with a club of stones causing injuries on his head and other parts of body leading to his death. The incident is alleged to have been witnessed by Hanumantha (PW-1), brother of the deceased, and Mannamma (PW-4), mother of the deceased. In connection with the incident Crime No.168 of 2006 was registered at Hutti Police Station for an offence punishable under Section 302 read with Section 34, IPC against the appellants herein.;