The judgment underscores the importance of reliable evidence, corroboration, and caution in cases involving personal identification and extra-judicial confessions.

C. HONNIAH, ACTG. C. J.

( 1 ) THIS is an appeal from the judgment of the Additional Sessions Judge, Gulbarga, dated 4-3-1977 convicting the accused (Ai to A5) - (Appellants), Under Section 302 read with Sections 149, 143 and 148 I. P. C. and acquitting accused 6 to 10.

( 2 ) THE prosecution case, briefly stated is as follows; In the village Savalgi, there were two Maths, viz. , Shivalingesh-war Math and Santeshwar Math. Mal-likarjun. Swamy (A8) was the head of shivalingeshwar Math, while Dr. Neel-kant Shivacharya Swamy (P. W. 35) was the head of shanteshwar Math. In the year 1960 P. W. 35 started a free boarding hostel and a High School at savalgi. There was a Committee managing the affairs of these two institutions. P. W. 35 was the president while Chandranath (A-10) was the vice-president and deceased Channabasappa was the Secretary till 1968 of the said Committee. In regard to the management of these institutions,

( 3 ) DISPUTES arose between P. W. 35 and Channabasappa on the one hand and A6 to A-10 on the other. Thereafter, A6 to A-10 formed another committee headed by A8 and they were opposing p. W. 35 and Channabasappa. In the year 1973, there was theft in the school. P. W. 21 revansi-ddayya, who was the clerk of the school, filed a complaint against A3, A5, A6, A7 and others. In the election to the Taluk Development Board, A10 opposed Channabasappa and in that, A9 supported A-10. In that election, Ghannabasappa was elected. A week prior to the murder of Channabasappa, proceedings Under Section 107 of the Cri. P. C. were initiated against a8 and some of his partymen and also against Channabasappa and others. The prosecution case was that the accused persons conspired on 6-7-1975 in Shivalingeshwar Math at Savalgi to do away with Channabasappa. In prosecution of that conspiracy, Al to A5 went to Gulbarga on 8-7-1975 and waited near an open space opposite to Shri Sharn-basaweshwar temple. At about 8 or 8-15 A. M. , Channabasappa as usual, went to the open space in front of the temple to answer call of nature. While Channabasappa was answering calls of nature, A2 and A5 attacked channabasappa with jambias and the other three accused who were sitting on a tamarind tree jumped down and joined in the attack with jam-bias and thereafter all the five accused ran away from that place. Shortly thereafter, Channabasappa died.

( 4 ) THE place where the murder of Channabasappa was committed was a busy locality. At the time of incident, there were number of persons who had come from the villages with their carts loaded with fodder and foodgrains. There were number of shops near the temple selling cocoanuts. There were one or two tea shops. Many persons of the locality were present.

( 5 ) ASHOK (PW-7) who had gone to the open space to answer call of nature, on seeing the assault on Channabasappa, ran to the house of Malsiddappa (PW1) and told him that five persons murdered Channabasappa. Immediately, P. W. I rushed to the spot. On the way, PW-1 met one devendrappa (who has not been examined in the case ). He came to know from him that Al to A5 were the assailants of Channabasappa. He along with Devendrappa went to the spot and found the dead body of Channabasappa lying in the pool of blood with multiple injuries. Prakash (PW2), Mahantappa (PW3), Vasudev (PW4), Rudrayya Swamy (PW5), Parasuram (PW6), ashok (PW7) and Gurumurthy (PW22) also came to the spot. PW1 went to Jagath police station and reported the matter to Manikrao (PW45), Sub Inspector of Police. PW-45 recorded the statement of PW1 as per Exhibit P-l at 9-15 a. m. and registered a case.

( 6 ) INVESTIGATION was started and during the course of investigation, Al to A5 were arrested on 1-8-1975. On the information given by the accused, clothes and jambias were recovered from the houses of these accused persons. After due investigation, the case was put up against Al to AS and A6 to Alo alleging that in pursuance of the conspiracy held on 6-7-1975, Al to A5 murdered channabas

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