IMPORTANT POINTS
Murder – Plea of exercise of right of private defence cannot be sustained in isolation.

JUDGMENT :

Prasanna B. Varale, J.

1. By way of present appeal, the appellants challenged the judgment and order dated 20th April, 2011 passed by the High Court of Karnataka in Criminal Appeal No. 3601/2010, thereby confirming the conviction and sentence of the Trial Court in Sessions Case No.213/2009 which had convicted appellants (accused Nos. 1, 2 and 4) under Section 302 of IPC and sentenced them to life imprisonment. Additionally the High Court also upheld the conviction and sentence of appellant Nos.1 and 3 (accused Nos 2 & 4) under Sections 324 and 326 of IPC as awarded by Trial Court.

2. The First Information Report No.18/2009 was lodged at Kamalpur Police Station, Gulbarga against the accused persons for commission of offences under Section 143, 147, 148, 504, 323, 324 and 302 r/w Section 149 of Indian Penal Code, on the basis of complaint submitted by Kumari Sangeeta D/o Mahadevappa Natikar. The Complaint refers to the incident occurred on 18th February, 2009 at 7.00 a.m. (we may refer to this incident as a prequel to the fateful incident which occurred on the same day in the evening). It was submitted in the report that a day earlier i.e., on 17th February, 2009, uncle of the complainant brought fire wood which was dumped on the way, blocking the path of the complainant. Thus, Sangeeta tried to reach the said path to throw dust, at that time she found that her pathway was covered with the fire wood. As such, she demanded an explanation from her uncle Subhash. She raised question as to why the way is blocked, to which her uncle Subhash, his wife and his children responded by abusing Sangeeta. Sangeeta then returned to her house. Her father, mother and brothers by that time had already left for the fields. In the evening, her father and brothers i.e. Mahadevappa, Hanumantha and Sharanappa, respectively were apprised about the incident which took place in the morning. Her father Mahadevappa then proceeded towards the house of uncle – Subhash and made an enquiry as to why the way was blocked. Subhash and the other family members started abusing Mahadevappa and then they assaulted Mahadevappa with a stick on his forehead and face, causing grievous injuries to Mahadevappa.

3. Dattatrey (appellant No.2), who was carrying chopper laid an assault on the forehead and head of Mahadevappa, causing grievous injuries to Mahadevappa. Digambar (appellant No.3) threw a big stone below the right knee of Mahadevappa, resulting in grievous blood injuries. Then Digambar picked up a stone in his hand and hit Mahadevappa on his face causing injury.

4. Sangeeta, her brother Sharanappa and mother who had followed Mahadevappa, saw the attack on Mahadevappa and younger brother of Sangeeta made an attempt to intervene in the attack, who was in turn attacked by Digambar, receiving injuries on his hand and palm. On hearing hue and cry, residents of the area namely; Parameshwar S/o Ningappa Pujari and other neighbours rushed to the spot. When Mahadevappa was brought to his house, he was unconscious as he had received grievous injuries. Uncle of Sangeeta, Shivasharanappa along with other persons namely; Sharanappa and Parameshwar Poojari arranged for a jeep and Mahadevappa was admitted in the Government Hospital, Gulbarga. The Doctors of the Gulbarga Hospital declared Mahadevappa dead and his body was sent for autopsy.

5. On lodging of the First Information report, the Investigating Agency was set in motion. By completing the necessary formalities of the investigation, such as recording the statement of witnesses, drawing “panchanama”; spot mahazar, seizure mahazars etc. and by collecting the medical evidence in the form of post mortem report issued by the concerned medical officer, charge sheet came to be filed against the accused persons.

6. Accused persons pleaded not guilty and were subjected to trial.

7. On appreciation of the evidence, the learned Sessions Judge convicted the appellants and sentenced them for the offence punishable under Section 302