RANGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants who are 9 in number are involved in a case of rioting and murder. All of them have been convicted under Section 302 read with Section 34 or 149, I. P. C. for the murder of one Puttaranga Naika and sentenced to transportation for life and also of an offence under Section 147, I. P. C. and sentenced to rigorous imprisonment for a period of two years with a direction that the sentences should run concurrently. Appellants 1, 2 and 3 have been in addition convicted under Section 148 and sentenced to undergo rigorous imprisonment for three years the said sentence being directed to run concurrently with the other sentences imposed upon them. All these offences are found to have been committed on 27-2-1951 in a village called Honganur in Chamarajanagar Taluk, when what was apparently a boyish prank or innocent mischief of two boys, sons of accused 4 and 9, in causing water used for washing a buffaloe in a pond to fall on the members of the pariwara community, who had gone there to bring water for household use, led to an outburst of animosity on the part of the appellants and others of their community against the Pariwars of the village. The immediate reaction to the prank was a rebuke by the person who had come to fetch water. The boys went home and brought their fathers and their companions who chastised the Pariwars for having rebuked the boys and were about to punish them severely. Thereupon some of the leading members of the Pariwar community arrived and remonstrated with the appellants and others who had accompanied them not to mind the affair seriously. The appellants and others with them seemed to be pacified but shortly after the Pariwars returned home, stones were pelted pell-mell, one Puttaranga Naika a Pariwar while returning home in a cart carrying fuel, was waylaid and done to death and another Pariwar by name Kadagara Naika was also later on killed.

(2.) Of the persons against' whom a charge-sheet was placed for the commission of several offences connected with this incident three were discharged and the rest have been acquitted of the offence relating to death of Kadagara Naika by the learned Sessions Judge, but convicted of other offences as mentioned above. The incident relating to the exchange of words between the boys washing the buffaloes and the Pariwars taking water for use at home happened at what is called Kuppe Halla and the pelting of the stones was in the village. P. Ws. 16 and 17 are the persons who took objection to the water being thrown by the sons of A-4 and A-9 and there is no reason to distrust their testimony. This is referred to in the F. I. R., Exhibit P-19, sent by the Patel on the same day. The Patel is a Mahammadan and Exhibit P-23 the mahazar shows that a number of stones were found lying scattered near the school. The evidence of P. Ws. 16 and 17 further shows that after the two boys reported the incident to their kinsmen some of those who arrived were armed with cutting instruments and uttered threats of injury to P. Ws. 16 and 17 and others connected with them in retaliation for the wrongs done by Pariwars. Such display of hostility on the part of appellants is not surprising as their disposition towards Pariwars of the village was by no means friendly and they with others of their group were smarting with bitterness and sense of frustration on account of a decree for conduct of processions through Pariwar locality not being effective and the case for murder of a member of their community having ended in acquittal. The appellants, as members of a community larger in number than the Pariwars desirous of emphasising their strength and spirit seteed it as an opportunity to fall on Pariwars.

(3.) The first victim to this frenzy was one Puttaranga Naika a Pariwar who left his house on the morning of 27-2-1D51 to bring fuel but did not return at all. His brother and his father besides a neighbour have testified to the bullocks being yoked to the cart in the morning and his having started in a cart driven by a servant P. W. 31. Exhibit P-29 is the mahazar prepared at the spot where the wood was cut. While the cart was approaching the village it was stopped; Puttaranga Naika was dragged and mercilessly killed on the spot by some of the appellants. The attack by the appellants on Puttaranga Naika is spoken to by P. W. 31 and his is the only evidence about it.