M. K. Mukherjee, J. - (1.) This appeal under Section 379, Cr.P.C. is directed against the judgment of the Karnataka High Court in Criminal Appeal No. 149 of 1989 whereby it set aside the acquittal of the two appellants of the charge under Section 302 read with Section 34, I.P.C. recorded in their favour by the Additional Sessions Judge, Bijapur in Sessions Case No. 39 of 1987 and convicted and sentenced them thereunder.
(2.) But briefly, the prosecution case is as under: (a) The appellants are the sons of the elder sister of Hanamappa Sahappa Halagal (the deceased) of village Arakert in Bilgi Taluka of the district of Bijapur. After the death of his first wife, the deceased married Erawwa, the elder sister of the two appellants, i.e. his own sisters daughter, the deceased and Erawwa however did not have a happy conjugal life and, within a month of their marriage, he deserted her and started living with Lakshmawwa (P.W. 1), a widow. The two appellants however were insisting upon the deceased to bring Erawwa back but he refused to oblige them. (b) In the morning of December 16, 1986 the deceased went to cultivate his land in the outskirts of their village along with Sunderawwa (P.W. 2), a daily labourer. At or about 10 a.m. Lakshmawwa (P.W. 1) reached there carrying the food for the deceased and a basket containing groundnuts. After P.W. 1 reached there all three of them started shelling the groundnuts. While they were so engaged accused Nagappa (since absconding) reached there with a rampige in is hand and when questioned told the deceased that he was in search of his she-buffalo. Nagappa then sat nearby and started eating groundnuts. A little later appellant Lakshmappa (hereinafter referred to as A2) also reached there armed with an axe and started gossiping with the deceased and others present there. After sometime A1 arrived there with a knife and stabbed the deceased on his chest. A2 and Nagappa also joined him in the assault with their respective weapons. (c) Seeing the assault both P.Ws. 1 and 2 raised a hue and cry and the latter snatched away the axe from the hands of A2 and threw it away. Both P.Ws. 1 and 2 then left the place and proceeded towards the village. On the way they met Bhagawwa (P.W. 3) near a nala and apprised him of the incident. A little later they found A1 and A2 coming behind them with A1 holding the severed head of the deceased in his hand. Both of them (A1 and A2) then went to the agasi (village gate) and tied the severed head to that gate. (d) On seeing A1 and A2 carrying the severed head of the deceased and then tying it to the village gate, Hussain Saheb (P.W. 6), a peon of the local Panchayat office, rushed to the village Post Office and gave an intimation to the Kaladagi Police Station about the murder of Hanamappa over telephone. On receipt of that information Sub-Inspector Hemanth Jaganneth Jahagirdar (P.W. 20) made an entry in the Station House Diary book and left for Arakeri with some constables. Reaching there they first went to the Panchayat office and met P.W. 6, and then, accompanied by him, went to the village gate. After getting photographs of the severed head taken, P.W. 20 sent the constable to the spot where the torso of the deceased was lying. In the meantime he (P.W. 20) secured the presence of P.W. 1 at the Panchayat office and recorded her statement (Ext. P.-1). Treating the same as the F.I.R. he took up investigation of the case and went to the place of occurrence. He held inquest on the body of the deceased. Meanwhile Ramachandra Benakappe Mane (P.W. 21), Circle Inspector of Police reached the village gate and got the severed head brought down. The head was then taken to the site of the incident and inquest held thereupon. The trunk and the head were then sent for post-mortem examination. P.W. 21 then took over the investigation from P.W. 20 and seized axe, a pair of chappal, a rampige, a tatta (a sack) some groundnut shells and groundnuts and some blood stained earth from the place where the dead body was found. (e) Both A1 and A2 were arrested in the same night and as some injuries were found on their persons they were sent to the Medical Officer, Kaladagi for examiation. On the following day P.W. 21 interrogated them and pursuant to the statement of A1 recovered one jambia (MO2) which was was kept hidden in thorny bushes. Thereafter the dhotis, which A1 and A2 were wearing, were seized as they were found to contain blood stains. (f) P.W. 21 sent all the articles seized for examination by the Forensic Science Laboratory (FSL) and on completion of investigation submitted charge-sheet against A1, A2 and Nagappa (showing him as absconding).
(3.) Both the appellants pleaded not guilty to the charges levelled against them and contended that they had been falsely implicated. A1 also took a specific defence that Sundarappa and Mangalappa of their village had got them implicated in the case with a view to getting the land of the deceased.;