IMPORTANT POINT
When there is contradiction between medical and ocular evidence, severe contradictions in oral evidence and latches in investigation; conviction would be bad and the accused would be entitled to benefit of doubt.

JUDGMENT

N.V. RAMANA, J.

These two appeals arise out of a common judgment and order passed by the Division Bench of the High Court of Karnataka in Criminal Appeal No. 763/1999 wherein the High Court has set aside the order of acquittal passed by the Trial Court and convicted the accused under various sections of Indian Penal Code (for short `IPC').

2. The Criminal Appeal 635/2006 is preferred by accused [A1, A4 and A10] who were convicted by the High Court for the offence punishable under Section 324 read with Section 149, IPC and sentenced them to undergo imprisonment for a period of one year and to pay a fine of Rs. 500/-, in default to undergo 2 months further imprisonment. A10 was further convicted for the offence under Section 323, IPC and imposed fine of Rs. 500/- and in default to undergo imprisonment for a further period of 2 months.

3. The Criminal Appeal 1067/2006 is preferred by accused Nos. 2 & 5 who were convicted by the High Court for the offences punishable under Section 302 read with 34, IPC and Section 324 read with 149, IPC. Under Section 302 they were sentenced to undergo life imprisonment and to pay fine of Rs. 10,000/-, in default to undergo further imprisonment for one year. Under Section 324 the punishment imposed was imprisonment for a period of one year and fine of Rs. 500/- and in default to undergo imprisonment for a further period of 2 months.

4. Brief facts as unfolded by the prosecution are that Chennegowda (deceased), the resident of Mudugere Village, had 12 acres of land near Masarangala Village out of which eight acres were consisting of coffee plantation and four acres were wet land. Due to construction of bridge over Hemavathi river which caused submersion of some surrounding lands in the backwaters, Channegowda and his sons used to pass through the cart track in Survey No. 42 and other lands in Survey No. 43 belonging to the accused persons since they were located between coffee estate of Chennegowda and the road to Kendenne village, to have access to his coffee estate, the deceased could get a road sanctioned from the authorities. Accused No. 7, Rajappa got temporary injunction against that sanction which led to the deceased to move the Court and got the temporary injunction vacated. When a Court commissioner inspected the disputed lands, a quarrel had erupted between the accused and victim parties. The Panchayat settled the issue by directing the deceased to pay Rs. 1000/- to the brother of Accused No. 13. Accordingly the payment was made but the enmity between the two groups continued.

5. In the backdrop of this factual scenario, on 27th February, 1991 at about 8 am, when Sannegowda (PW1), Channegowda (PW5) and Swamygowda (PW6) - all belonging to victim party, were carrying milk to the collection centre of Daarikongalale village, accused Nos. 1 to 7 and 9 to 13 formed into an unlawful assembly and restrained Sannegowda (PW1) near Higher Primary School and assaulted him with clubs and stones. At that point of time Channegowda (father of PW1), Mogannagowda (PW2) and Papegowda (PW3) came and interfered questioning the accused reasons for the assault. Then Puttegowda (A5) and Nanjegowda (A2) attacked Channegowda (father of PW1) seriously injuring him with chopper and club respectively. Sannegowda (PW1), Moganangowda (PW2) and Papaegowda (PW3) were injured at the hands of A2 and A3. The injured were shifted to hospital and the same was informed to police.

6. The Investigating Officer, Lakshmi Prasad, PSI (PW19) recorded the statement (Ex.P1) of Sannegowda (PW1) and registered the case against Krishnegowda (A1) and five others for the offences punishable under Sections 143, 147, 148 and 324 read with Section 149, IPC. Meanwhile, the seriously injured Channegowda (father of PW1) was treated in S.C. Hospital at Hassan for two days, thereafter he was shifted to NIMHANS, Bangalore, from there to Victoria Hospital, Bangalore and finally again to S.C. Hospital at Hassan where on 6th March, 1991 he succumbe