(1.) It is the case of the prosecution that the house property measuring about 30 x 60 feet situated at Kamakshi Street, II Cross, Shivamogga, earlier belonged to Sri Nanjundappa, namely, the husband of accused No.4. He executed a Will bequeathing the said property to his wife and daughter and his grand-children. Though PW.11 was in occupation of the hind portion of the premises he was not given any share. With regard to the same, a suit for declaration and possession was filed by the wife of Nanjundappa and other accused against her son PW.11 in OS.No.40 of 2004 on the file of Civil Judge(Senior Division), Shivamogga. The suit was decreed in favour of accused No.4, namely the wife of Nanjundappa and others. Aggrieved by the same, PW.11 filed RA No.1532 of 2007. An interim order of status-quo was granted. The appeal was pending on the date of the incident. Because of this civil litigation there was strained relationship between the parties.
(2.) That on 28-7-2011, at about 12.00 noon there was a quarrel with regard to the house property between the deceased Ravisha who is son of PW.11, Usha who is accused No.3 and her husband accused No.5. At that stage, the case of the prosecution is that accused No.1 had brought the knife and dealt a single blow on the back of the deceased Ravisha, due to which he died on the way to the hospital. PW.1 filed a complaint before the Doddapet Police Station, Shivamogga and a case was registered in Crime No.263 of 2011 for the offence punishable under Sections 143, 144, 147, 302, 115 read with Section 149 IPC. Investigation was taken up. Thereafter, the accused were arrested. A charge sheet was filed. The accused pleaded not guilty and claimed to be tried. In order to prove its case, the prosecution examined 12 witnesses and produced Exs.P-1 to P-17(a) along with 7 Material Objects. By the impugned order, accused Nos. 1 to 5 were convicted and sentenced as follows:-
(3.) Heard Sri Umesh P.B., learned counsel appearing for the appellants - accused Nos. 2 to 5 in Criminal Appeal No.140 of 2013 and Sri Hashmath Pasha, learned Senior counsel appearing for the appellant's counsel in Criminal Appeal No.511 of 2013 and Sri I.S.Pramod Chandra, learned State Public Prosecutor - II, appearing for the appellants in Criminal Appeal No.798 of 2013 and the respondents in Criminal Appeal No.140 and 511 of 2013.