Back
Karnataka High Court
STATE OF KARNATAKA - Appellant
Versus
Balappa Bhau Vadagave - Respondent
Decided On : 03-02-84
Cr.A. : 281 of 1982
The acquittal of A4 and A5 of all the charges levelled against them is in accordance with law and based on proper appreciation of the evidence adduced in the case. The conviction of A1 to A3 under Section 324 and 304 Part II read with Section 34 IPC is proper and legal. The sentence awarded against A1 to A3 is inadequate.
Fact of the Case:
The deceased Kallappa and his two sons P. Ws. 1 and 2 were engaged in harrowing their strip of land in 'karidihola', there was a quarrel between the deceased Kallappa and A1, that A1 dealt a blow on the forehead of the deceased kallappa with an axe, that when he went to the rescue of his father, A2 and A3 assaulted him on his head and leg with sickles and when P. W. 1 came to his rescue, he was beaten by A4 and A5. He further says that by then P. W. 4 came on the scene and rescued them. He adds that he fell unconscious on account of the injury sustained by him and regained consciousness at Belgaum civil hospital where he was treated for his injuries.
Finding of the Court:
The prosecution has failed to prove the presence of A4 and A5 at the scene of occurrence and their participation in the crime and acquitted them of all the charges framed against them. The conviction of A1 to A3 under Section 324 and 304 Part II read with Section 34 IPC is proper and legal. The sentence awarded against A1 to A3 is inadequate.
Issues: 1) Whether the acquittal of A4 and a5 of all the charges levelled against them is erroneous ? 2) Whether the acquittal of A 1 to a 3 of the charges originally framed for the reasons advanced by the learned sessions Judge is contrary to law and the evidence on record ? 3) Whether the conviction of A1 to a 3 under Section 324 and 304 Part ii read with Section 34 I. P. C. is proper and legal. 4) Whether the sentence awarded against A 1 to A 3 is inadequate?
Ratio Decidendi: The acquittal of A4 and A5 of all the charges levelled against them is in accordance with law and based on proper appreciation of the evidence adduced in the case. The conviction of A1 to A3 under Section 324 and 304 Part II read with Section 34 IPC is proper and legal. The sentence awarded against A1 to A3 is inadequate.
Final Decision: Both the Criminal Appeals No. 281 and 282 of 1982 are dismissed. The order of conviction and sentence passed against A1 to a3 under Section 324 and 304 Part II read with Section 34 IPC are hereby set aside and they acquitted of the said offences.
( 2 ) ALL the five accused were charged for offences punishable under Sections 147, 148, 447 and 302 read with Section 149 I. P. C. on the ground that all of them on 24-12-1980 at about 3 p. m. constituted themselves into an unlawful assembly armed with deadly weapons like axe, pick-axe, sickles and stick with the common object of causing the death of Kallappa and injuries to his sons Ashok and Kumar and in prosecution of the said common object, trespassed into a portion of the land called 'karidi Hola' comprised in S. No. 645/1c situate in Eksamba village of Chikodi Taluk in Belgaum District, in the possession of deceased Kallappa and all of them assaulted kallappa and his two sons Kumar and ashok and caused bodily injuries to them and among them Kallappa, the deceased in the case later succumbed to the injuries in the District Civil Hospital at Belgaum, 2 and 3 were further charged for the offence punishable under Section 324 read with section 149 I. P. C. for having voluntarily caused hurt to Ashok son of Deceased kallappa with sickles and A4 and A5 under section 324 read with Section 149 I. P. C. for having voluntarily caused hurt to kumar son of deceased Kallappa with pickaxe and stick respectively.
( 3 ) THE case of the prosecution as revealed during the course of the trial, briefly stated, is as under. Deceased Kallappa, A1 Balappa, A4 Mallappa and A5 Bharama are direct brothers. Their father is alive. A2 Rosa Saheb and a3 Anna Saheb are the sons of A1 P. W. 1 kumar and PW2 Ashok are the sons of deceased Kallappa. About 3 or 4 decades ago, the family was joint. The entire family lives at Danwad village of Shirol taluk in Kolhapur District (Maharashtra state) situate on the northern side of Dood ganga river which serves as boundary between the STATE OF KARNATAKA and the State of Maharashtra. The family owns land both at Danwad as well as Eksamba village of Chikodi Taluk in Belgaum District of the STATE OF KARNATAKA which is situated on the southern bank of the said river. There is a bridge over the said river connecting danwad and Eksamba villages. It is a little longer route. There is a shorter route by which one can afford the intervening river to reach the land at Eksamba from danwad.
( 4 ) ABOUT 15 years ago, during the life time of the deceased, the deceased Kallappa separated himself from his brothers. Later the remaining brothers also got themselves separated from each other. All the four brothers have been enjoying their family lands separately. Ever since the deceased separated from his brothers, the relations were not that cordial because of the fact that each brother had a feeling that the partition of the family lands was not equitable and fair. There is a land called 'karidi Hold' bearing S. No. 645/1c situate in Eksamba village originally belonging to the joint family, on the southern side of dood Ganga river. It is said that this land was divided into four strips cast-west wise. The northern strip which is nearer to the river bank was being cultivated by kallappa and his two sons P. Ws. 1 and 2. The second strip which is just adjoining the first sstrip was being cultivated by A1 balappa and his two sons A2 and A3. The 3rd and the 4th Strips of land was being cultivat
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
