The main legal point established in the judgment is the requirement for corroboration of witness testimony, particularly when the witness has made contradictory statements on oath.

Judgement

DAS GUPTA, J. : On June 11, 1961 at 5 p.m. the road in front of the Temple of Shri Maruti in the village of Chinchpur of Taluk Sholapur was the sense of a terrible tragedy. Three persons - Ravansidappa, and his two maternal uncles, Yellappa and Maruti were done to death there in a most gruesome manner. Ravansidappa s neck was severed from the body, except for a piece of skin and one of his legs was chopped off. The spinal cord and vertebra of Yellappa were cut off. The jaw, vertebra, tongue and a major part of the neck of Maruti were cut off.

2. The first information that reached the police station of this tragedy was by a letter of the village police patel written on the same day and addressed to the Police Sub-Inspector of Mandrup. It merely stated that three murders had taken place in course of riot and maramari at 5 p. m. in the evening and mentioning the names of the men who had been murdered. This letter reached the police station at 2.30 a.m. Head Constable Bansode who was in charge of the police station then left for the place of occurrence after having sent a report to the Police Sub-Inspector who was camping at Bhandrkavathe village. The Sub-Inspector reached Chinchpur at about 11 a.m. on the 12th. Some constables had already reached the village. Vishwanath, Head Constable of Mandrup with two other constables who had been on duty on the bridge over the Bhima river which runs west of the village Chinchpur learnt of these terrible murders at 7 p.m. on the very date of the murders and left for the place, arriving at the village at 9.30 p.m. They found the three dead bodies lying there and the Police Patel and some other persons present. Head Constable Ram Chandra Bansode reached the place at 6.30 a.m. on the 12th and after making enquiries had three persons, Gurpadappa, Parasappa and Daulappa brought to the place. They were arrested by the Sub-Inspector when he arrived. The only witness the Sub-Inspector could examine on that date was Parwati, the step mother of the deceased Revansidappa. He found that all the men had left the village and only women were present. After, completing the investigation the Sub-Inspector sent up charge-sheet against 13 persons.

3. All the thirteen were tried by the Sessions Judge on a charge under S. 148 of the Indian Penal Code, on three charges under S. 302/34 of the Indian Penal Code, with three alternative charges under S. 302/149 of the Indian Penal Code and a further charge under S. 342 of the Indian Penal Code. Three out of the 13, viz., Gurpadappa. Parasappa and Annaraya Shivabala were convicted by the learned Sessions Judge under S. 302/34 of the Indian Penal Code on each of the three counts and sentenced to imprisonment for life. All the three were also convicted under S. 342 of the Indian Penal Code and sentenced to six months rigorous imprisonment. Gurpadappa and Annaraya were also convicted under Section 147 of the Indian Penal Code and sentenced to rigorous imprisonment for two years. Parasappa was convicted under S. 148 of the Indian Penal Code and sentenced to rigorous imprisonment for three years. The sentences were directed to run concurrently. The other 10 accused persons were acquitted by the learned Judge.

4. Gurpadappa, Parasappa and Annaraya Shivabala appealed to the High Court of Judicature at Bombay against their conviction and sentence. Their appeal was dismissed and the conviction and sentence of Gurpadappa and Annaraya were affirmed. Parasappa s conviction was also affirmed but after notice on him as to why the sentence should not be enhanced, the sentence of life imprisonment was enhanced to one of death. The State appealed against the order of acquittal of all other accused except that of Sangappa. The High Court allowed the State s appeal in respect of three of these, viz., Sharnappa, Ganpati and Tipanna and convicted them of the offence with which they were charged. The High Court sentenced Sharnappa to death and Ganpati and Tipanna to imprisonment for