IN RE: RAJESA HUSENSA KANNOLLI AND OTHERS Vs.

JUDGEMENT

(1.) THE appellants have been convicted by the Second Additional Sessions Judge, Bijapur of committing the offence under Section 304, Part II, read with Section 34 I.P.C. and sentenced to undergo rigorous imprisonment for a period of 18 months.

(2.) THE facts alleged by the prosecution are these; Irappayya Jambagi was the owner of Section No. 186/1+2A of Satihal village in Bijapur District, called "Hallad Hola". Out of this survey number, he sold 14 acres to Rajesaheb Kannoli (A -l) under the sale deed Ex. 88, dated 5.6.1959. Even though the recitals in the sale deed were to the effect that possession was delivered to the vendee, the vendor continued to remain in possession of the property sold and was cultivating the same giving 1/4th share of the produce thereof to the vendee. A -1 attempted to take possession of the property he purchased, but Irappayya resisted the same. In this behalf there were disputes between them.

(3.) THE defence of the accused was that A -1 was in possession of 'Hallad Hola' after he purchased 14 acres from Irappayya. Disputes arose between them in connection with this land and in this behalf there were criminal cases. On account of this there was ill -will between them. A -1 had raised cotton crop, which was ripe about the time of the date of the incident. Two or three days preceding the incident, the children of A -1 plucked cotton and on the date of the incident also they went to the field for the same purpose. While they were plucking cotton, Irappayya, Siddappa Mayagol and P.Ws. 2 and 9 to 15 went to the land to threaten the girls and snatched away the cotton, which they had plucked and pushed out the girls from the field. One of the daughters of A -1, viz. Jashirabi left the field weeping and apprised the accused who were engaged in harvesting jawar as to what happened in 'Hallad Hola' They found marks of violence on the face of Janirabi.