- (1.) Appellants herein have filed this statutory appeal under the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 being aggrieved by and dissatisfied with the judgment dated 9.6.2005 passed by a Division Bench of the High Court of Karnataka at Bangalore in Criminal Appeal No. 252 of 1999(A) whereby and whereunder, a judgment of acquittal passed by a III Additional Sessions Judge, Dharwad acquitting the appellants herein for offence punishable under Ss. 143, 147, 148, 341, 324, 342, 504 and 302 read with Sec. 149 of the Indian Penal Code, was reversed.
(2.) The alleged occurrence took place at about 10.30 A.M. on 13.12.1994 near the Bus stand at Village Ichangi situated in the District of Dharwad. A First Information Report was lodged by one Devendrappa (PW-25). He is the brother of appellants 1 and 2 herein being original accused nos.1 and 2. Appellant no. 4 is married to the sister of the appellants 1 and 2. Appellants 1 and 2 and the first informant allegedly sold 5 acres 20 gunthas of land situated in the said Village Ichangi to deceased Ratnavva. The contention of the accused no.1, however, was that his signature on the alleged deed of sale was a forged one. The property, however was in possession of the deceased Ratnavva. On 13.12.1994 at about 7.30 A.M. Ratnavva and her sons Shivananda Basavaraj and Veeresh went to the land in question for plucking groundnuts. The accused persons in furtherance of their common object of assaulting them came to the land in question with deadly weapons. They chased Devendrappa and assaulted him. They assaulted the deceased with sticks causing bleeding injuries. They were also abused. Allegedly in the scuffle that followed, accused no.1 instigated accused no.4 to stab Devendrappa and when an attempt was made in this behalf, bleeding injuries accidentally were caused to accused no.1. Devendrappa ran away from the said place. He was, however, caught near a place known Udachammana Gudi at Ichangi. His hands were tied. He was wrongfully confined to the house. It is stated that the accused persons also threw stones at the deceased and her companions PWs. 26 to 28. One of them had hit the deceased. PWs. 25 to 28 being frightened, moved a little away from the scene leaving the deceased on the spot. She was forcibly taken near the Bus stand of their village, tied to an electric pole and her garments were taken off. She was tied around her neck with her own saree. She was assaulted with sticks. She begged for water but the same was denied to her. The accused continued to assault her with sticks. She breathed her last at that spot. The first informant Devendrappa (PW-25) who was kept confined in his house allegedly had become unconscious. After regaining consciousness he came to know of the said murder and lodged the First Information Report.
(3.) The post-mortem examination of the deceased was conducted by Dr. Mohantappa (PW-13). The dead body was received at the hospital for post mortem examination on or about 11.30 P.M. in the night. The post-mortem examination was conducted in the morning of 14.12.1994. PW 13 found the following external injuries on the dead body :- "1. Oblique ligature mark on the upper part of the neck, mark is interrupted, stating from right angle of the jaw and along the border of the mandible and to the left angle of the jaw, traversing to the nape of the neck, measuring about 14"2 x in length. Interrupted ligature mark along the lower border of jaw from right to left side of the jaw 4 in No. measuring 1" x =" x = x = x = x =" x =" respectively. Ligature mark on the middle of the nape of measuring =" x =". Ligature marks were reddish, dry, parchment like, ecchymosed margins. Both the hands were clinched. 2. There are 3 ligature marks on the right forearm about 3" away from the wrist, measuring 6" x ", 8" x , 8 =" x1/4" respectively. 3. Ligature marks on the left fore arm two in No. measuring 5 =" x ", 5" x " respectively. 4. There was fracture of left thigh bone lower 1/3rd about 2" away from the knee joint. 5. Contusion on left knee joint medial aspect measuring 3" x 2" Multiple contusions were found on the body. 6. Contusion on left infracbuicular region measuring 2" x 3". 7. Contusion abrasion on the right elbow posterior aspect measuring 2" x 1". 8. Contusion on left knee front aspect measuring 5" x =". 9. Two contusion on lateral and front of left thigh measuring 3 =" x 3", 3" x 3" respectively. 10. Contusion on left buttick and posterior aspect of thigh measuring 6 =" x 3", 3 " x 3" respectively, 2" x 1". 11. Abrasion on left side of the ankle measuring =" x =". 12. Contused abrasion of left lateral aspect of ankle measuring 2 =" x 1". 13. Contusion on lateral aspect of left leg upper part measuring 3 =" x 2". 14. Two contusions on right thigh measuring 2" x 2", 4 =" x 1" respectively. 15. Abrasion on the right thigh lateral aspect measuring 1 =" x =". 16. Contusion on the right buttock measuring 1 =" x =". 17. There was no fracture of Hyoid bone, Thyroid cartilages or tracheal rings. 18. Multiples small abrasion on right side of buttock measuring =" to 1" in length " to =" in width.";