- (1.) The facts leading to the filing of this appeal by way of special leave are as under:
(2.) PW-1 Bhagyavathi, wife of Thimmappa deceased of village Arebilachi, is the complainant in the case. Thimmappa was the son of Navilapa. Navilapa had, in addition, five other sons Devendrappa, Manjappa, Chandrappa, Nagarajappa and Gadigeshappa and two daughters including Ratnamma PW-2. Navilapa had about 12 acres of ancestral land and he had divided the said land equally between himself and his sons and all were in possession of their respective shares thereafter. Thimmappa, Devendrappa and Manjappa were residing separately whereas the other two, Chandrappa and Gadigeshappa, were residing in their old family home whereas Nagarajappa was residing with his father Navilapa and his sister Ratnamma. Thimmappa, however, acquired about 10 acres of land on his own but his brothers Chandrappa and Gadigeshappa were demanding a share out of this land as well and on account of this development, the relationship between the brothers had become strained. Chandrappa and Gadigeshappa also filed a suit seeking a share in the 10 acres acquired by Thimmappa with the result that the relation between the brothers was further strained. At about 4 p.m. on 1.8.1993, Thimmappa told his wife Bhagyavathi that he had learnt that Chandrappa and Gadigeshappa had gone to the field to pluck coconuts and that he was going to prevent them from doing so. Thimmappa and his brother Devendrappa PW3 then left for the fields on a scooter. A few minutes later Rathnamma PW2, sister-in-law of Bhagyavathi PW-1 came to her house and informed her that she had seen Chandrappa and Gadigeshappa accompanied by their brother-in-law Hanumanthappa, Shiva and Siddeshappa along with Bhoomesha and Manja proceeding towards the field armed with Choppers and sickles and she apprehended some danger. Bhagyavathi and Rathnamma then left for the field and as they reached the outer fencing at about 4.30 p.m., they saw all the accused as well as Bhoomesha and Manja assaulting Thimmappa with sickles and choppers. PW3 Devendrappa went to the rescue of his brother but he too was assaulted and having sustained an injury he ran away towards the village. PWs1 and 2 thereafter entered the garden and saw that Thimmappa was lying grievously injured near the Samadhi adjoining the land. The accused Siddeshappa and Hanumanthappa also abused and assaulted the two women. PW4 Prashanth Kumar, who was attracted to the place, rushed in with some water which he attempted to put into Thimmappa's mouth but he succumbed to his injuries at the spot. PW3 Devendrappa was also taken to the Bhadravathi hospital by PW11 Rudrappa whereas PWs.1,2 and 4 stood near the dead body. It was also noticed that the accused while running away had left behind a sickle and a club near the dead body. An FIR was got registered by PW1 Bhagyavathi at about 11.45 p.m. at the Police Station. The investigation was taken over by Inspector M.I. Jameel PW20 who visited the scene of occurrence on 2nd August 1993 at about 6.30 a.m. and prepared the inquest report and recorded the statements of the witnesses and picked up the sickle and club in the presence of witnesses. His efforts to trace out the accused were, however, not successful till the 3rd August 1993 when he arrested four of them. Accused No.2 was arrested on 10.9.1993. He also visited the Government Hospital Bhadravathi on the same day and seized the blood stained clothes of injured PW3 Devendrappa. Several weapons of offence were also recovered on the interrogation of the accused. On the completion of the investigation, the accused were charged for offences punishable under sections 143, 147,148,302 and 324 read with 149 of the IPC.
(3.) The prosecution in support of its case relied primarily on the statements of the four eye witnesses PW1 Bhagyavathi, wife of the deceased, her sister-in-law PW2 Rathnamma, PW3 Devendrappa an injured witness and brother of the deceased and of two of the accused, and PW4 Prashanth Kumar son of PW3, a boy aged 13 years. Reliance was also placed on certain pieces of circumstantial evidence. The prosecution case was then put to the accused under section 313 of the Cr.P.C. and in the written statements filed by way of their defence they denied the allegations in toto and on the contrary put up a counter version that Hanumanthappa and Siddeshappa had not been present at the time of incident and that the other three accused had been assaulted by Thimmappa deceased, PW3 Devendrappa and one Manju Nath and that they had caused injuries to Thimmappa in their self defence.;