Arijit Pasayat, J. - (1.) Leave granted.
(2.) 1Each of the appellants was held guilty under Section 304 Part II read with Section 149 of the Indian Penal Code, 1860 (in short the IPC), and was sentenced to undergo rigorous imprisonment of 8 years and to pay a fine of Rs. 1,000/- with default stipulation. Additionally, each was convicted in terms of Section 148 IPC and Sections 324 and 326 read with Section 149 IPC.
(3.) Background facts which gave rise to the prosecution of the appellants are as follows: The accused No. ls wife Devamma (PW 14) resided with her elder brother Mahadevappa (hereinafter referred to as the deceased). Since the date of marriage accused No. 1 had been residing with them for some time and later, he shifted to his brothers house and visited them only some times. After some years, he discontinued coming to their house. Three children were born to them. The land of the accused No. 1 measuring 4 acres was being cultivated by him and since there was demand from his wife Devamma (PW 14) to give a share to the extent of 1 acre 10 guntas to his children, which was accepted. The possession was with his children, but was being cultivated by deceased Mahadevappa, Devamma (PW 14) and the children. They began to demand more share for which accused No. 1 did not agree. On 14.6.1995 in the morning, Devamma (PW 14) and deceased learnt that accused No. 1 alongwith others was cultivating the land allotted to the share of Devammas children. Therefore, the deceased, his son Sangaraju (PW2), brother Puttaswamappa (PW3) and Mahadeveswamy (son of accused No. 1 and PW-14) went to the said land. PW-2 prevented the cultivation of the land being done by accused Shivanna (accused No. 1). Therefore, Lingaraju (accused No. 2) hit on the head of PW-2 by means of a crow-bar. When deceased came to his rescue, he was assaulted on his head by Ramesha (accused No. 3), Chinnaswamy (accused No. 5), Nanjundappa (accused No. 6) and M.H. Mahadevappa (accused No. 4) attacked deceased by means of crow-bar, spade and a club. Puttaswamappa (PW 3) was held by accused No. 4 and accused No. 1, accused No. 3 and the accused No. 2 attacked him. The attack by the accused persons by means of crow-bar, spade and club resulted in the death of Mahadevappa. Thereafter, all the accused persons ran away from the spot. The injured and the deceased were brought to the Primary Health center, Hullahalli, where Dr. Dhananjaya (PW1) examined them. He treated PWs 2 and 3 and advised them to go for further treatment to Mysore. An intimation was sent to the police and S.F.M. Mumtaz (PW-17) went to the hospital and recorded the complaint of PW 2 and sent it to the police station for registration. The said complaint was received at about 2.00 p.m. by Puttannaiah, ASI, Nanjangud Rural PS. (PW-19) and he registered a case against these appellants and recorded FIR. The investigation was taken up by K. Srikanta, Circle Inspector of Nanjangud Circle (PW-18). He went to the place of offence, conducted spot mahazar and took further steps. The accused persons were absconding. Accused No. 1 was arrested on 20.6.1995 and his voluntary statement was recorded as per Ex.P.16. The accused No. 2, 3, 5 and 6 were arrested later on 8.9.1995 and were produced before Siddaiah, PSI (PW-21) who recorded their voluntary statements. In furtherance of the voluntary statement, the weapons used in the offence were seized. After further investigation by Sri R. Malelsh, Circle Inspector of Police, T.Narsipur Circle, who was in additional charge of Nanjangud Circle, a charge sheet was placed against the accused. Since accused No. 4 was absconding his case was separated and separate trial in Sessions Case No. 178 of 1996 was held. Both these Sessions cases were tried together. Charge for offences punishable under Sections 143, 148, 324, 326, 341, 302 read with Section 34 IPC was framed. ;