Dilip B. Bhosale J.

This criminal appeal is directed against the judgment and order dated 12.1.2009 rendered by the Sessions Judge, Fast Track Court-I at Mandya in S.C.No.39/00, convicting all the appellants-accused under Sections 143, 144, 147, 148, 342, 302, 506 R/w 149 of IPC. The maximum sentence awarded by the trial Court is for life imprisonment and fine of Rs.1,000/- each in default to undergo RI for one month for the offence punishable under Section 302 R/w 149 of IPC.

2. The prosecution case, in brief, is as under:

Appellants-1 and 2 are brothers, whereas the other three appellants are their relatives (for short the ‘accused’). The deceased Ramachandra was also a relative of A1 and A2. One Padmamma (PW16), is the wife of A2. The deceased-Ramachandra and Padmamma were allegedly having extra marital affair. On 17.11.99, Ramachandra had gone to the house of Padmamma in the absence of her husband-A2 at about 10-10.30 p.m. On his visit to the house of Padmamma there was galata (commotion) in which, the neighbours questioned him as to why did he visit the house of A2 in his absence. This incident was witnessed by Kariyappa (PW2) and Ramanna (PW3). On 18.11.99, in the morning when the complainant (PW.8) was having tea at the tea stall, called Hotel Ramesh, he learnt from the talk of the people there about the previous night (17.11.99) incident that occurred near the house of A-2. Ramachandra was also there in the morning and was having tea. The complainant (PW8) also learnt in the morning that since the previous night (17.11.99) Padmamma (P.W.16) left the house and her whereabouts were not known. Thereafter, Ramachandra called the complainant (PW8) and they both went to Nagamangala. They left for Nagamangala at about 11.00 a.m. In the night (on 18.11.99), since they did not have any conveyance to return to their village, they stayed overnight with Narayana (PW27) in his room in Narasegowda building at Nagamangala.

On 19.11.99, in the morning the complainant woke up and returned to his village Devaramallanayakanhalli (for short “the village D.M.Halli”). In the village, the accused enquired with the complainant about Ramachandra and they requested him to show where Ramachandra had slept last night at Nagamangala. The complainant told them that he did not know where Ramachandra went thereafter. The accused virtually forced him (PW.8) to accompany them to Nagamangala. They reached Nagamangala at 11.30 a.m. and searched for Ramachandra. Ramachandra was ultimately found near Sachin Theatre, when he came out during interval. There, the accused persons caught hold Ramachandra and forcibly took him in the autorickshaw towards Kotebetta and then to forest area. At a remote place in the forest they stopped and got down from the autorickshaw and asked Ramachandra the whereabouts of Padmamma. Ramachandra replied that he did not know and requested them not to do anything to him. Thereafter, it is alleged that A2 to A5 caught hold Ramachandra and A1 inflicted axe blows on his lower limbs and then on right hand near forearm, as a result of which his legs virtually got amputated. They also threatened the complainant of dire consequences if the incident was revealed to any one.

They all left Ramachandra unattended and went to Palakere and threw the axe and other weapons (choppers) in the river. Thereafter, the accused persons went towards Village D.M.Halli and dropped the complainant near the village. The complainant went to the village and informed about the incident to Srinivasa (PW9) and Venkatesh (PW11). They all immediately went to the scene of offence in a Tata Sumo vehicle. When they reached the scene of offence, according to the prosecution, Ramachandra was alive and he asked for water. Thereafter they brought him to the Hospital where he was declared dead. The complainant, thereafter approached the Police Station at Nagamangala and lodged an FIR against all the five accused.

3. The incident, according to prosecution, occurr