B N KAVATAKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed by the above two appellants who are brothers. These two appellants along with their father who was arrayed as accused 1 were called upon to answer the charges punishable under Section 447, 326, 302 read with Section 34 Indian Penal Code on the allegations that on 24/09/1977 at about 11.15 p. m. at Sevalagi village committed criminal trespass on the land belonging to the deceased, Jinnappa Dadu and that in furtherance of the common intention, they attacked Jinnappa with lethal weapons and caused several injuries to which injuries Jinnappa succumbed on 30/09/1977 at 3.50 a. m. The investigating officer, Public Witness 21 recorded the statement of the deceased in the hospital on the night of September 24/25, 1977. On the basis of ex. P-32, a case was registered. Ex. P-23. The Investigating Officer after inspecting the scene of occurrence, recorded the statements of the witnesses and arrested these two appellants on 26/09/1977 and recorded their statements. In pursuance of the statement given by the first appellant, MOs 1, 2,9, 10 and 11 were recovered under Ex. P-18, and in pursuance of the confessional statement given by the second appellant, MOs 14 and 15 were recovered under Ex. P-19.

(2.) According to the prosecution, the occurrence was witnessed by PWs 7, 8 and 9 of whom Public Witness 7 is an injured witness. It is stated by the prosecution that pw 7 was sleeping by the side of the deceased in the field where the deceased had penned his sheep with the assistance of the shepherds, namely PWs 7 to 9.

(3.) After completing the investigation, the Investigating Officer laid the charge-sheet against all the three accused. The accused denied the offence when examined under Section 313 Criminal Procedure Code. The trial court not accepting the evidence of pws 7 to 9 and the recoveries made by the 1. 0. as well as the veracity of the alleged dying declaration Ex. PW-22, acquitted all the three accused.