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2018 Supreme(Kar) 1038

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAVI MALIMATH, JOHN MICHAEL CUNHA, JJ.
Sri Napanda S. Kushalappa, Son Of Late Subbaiah - Appellant
vs.
State By Somawarpet Police Station - Respondent
Criminal appeal no.18 of 2013
C/W
Criminal appeal no.340 of 2013
Decided On : 04-10-2018

Advocates:
Advocate Appeared:
For the Appellant : Sri Amar Correa, Adv.
For the Respondent: Sri I.S. Pramod Chandra, State Public Prosecutor-II)

Headnote:

Indian Penal Code,1860 – Sections 341, 143, 326 , 341 , 144, 147, 148, 302, 506(2), read with 149 - Offence of murder – Unlawful Assembly - On accused being members of an unlawful assembly, holding deadly weapons in their hands, raised a quarrel with husband of PW.7 complainant wife of deceased, who were carrying bags of rice and rice bran near land - On account of previous enmity, accused and his wife accused No.2, holding in their hands assaulted deceased - Accused Nos. 3 and 4 caught hold of hands of deceased - Accused assaulted with on his head and accused No.2, assaulted with a kathi on his left hand and caused grievous injuries - Accused instigated other accused - complaint was lodged before Police Station, wherein a FIR was lodged against all accused, for offences punishable under Sections341, 143, 144, 147, 148, 302, 506(2), read with Section 149 of IPC – Held, Mitigating circumstance as pointed out by appellants’ counsel is fact that accused had lodged a complaint against deceased and his wife, PW.7, is pending consideration background same should be considered as a mitigating circumstance. It is submitted allegation is deceased attempted to molest wife of accused No.2. Therefore, these are the serious allegations against deceased therein - Registered for an offence punishable under Sections 307, 323, 324, 341, 354, 376, 511 read with 506 of IPC subsequently charge sheet was filed for offence punishable under Sections341 and 354 is pending adjudication - Proceedings were pending as on incident mind, totality of circumstances involved and statement of eye witnesses PWs.7 & 13, allegation against deceased that he attempted to molest wife of accused No.1, namely, accused – Court deem it just and necessary to sentence the accused for imprisonment for life for the offence punishable under Section 302 IPC - appeals are partly allowed - Criminal Appeal No.340 of 2013 filed by accused No.2 is dismissed

JUDGMENT :

1. The case of the prosecution in brief is as follows:

That on 2022006 at about 6.45 p.m. at Garvale village, Somawarpet Taluk, accused Nos.1 to 6 being members of an unlawful assembly, holding deadly weapons in their hands, raised a quarrel with the husband of PW.7 the complainant, the wife of the deceased, who were carrying bags of rice and rice bran near the land of CW.15. On account of the previous enmity, accused No.1 and his wife accused No.2, holding kathi in their hands assaulted the deceased. Accused Nos. 3 and 4 caught hold of the hands of the deceased, accused No.1 assaulted with a kathi on his head and accused No.2, assaulted with a kathi on his left hand and caused grievous injuries. Accused Nos. 5 and 6 instigated the other accused, stating that they should kill the deceased. CWs.1 and 2 proceeded to rescue the deceased, but the accused threatened them, by showing kathi.

2. Based on these averments, a complaint was lodged before the Somawarpet Police Station, wherein a FIR was lodged against all the accused, for the offences punishable under Sections341, 143, 144, 147, 148, 302, 506(2), read with Section 149 of IPC. Investigation was taken up. Accused No.1 was arrested on 332006, accused Nos.2 to 4 were arrested on 2122006 and accused Nos.5 and 6 on the same day at 5.30 p.m. On completion of investigation, a charge-sheet was filed against the accused for the aforesaid offences. The accused pleaded not guilty and claimed to be tried.

3. In support of its case, the prosecution examined 25 witnesses and marked Exhibits-P.1 to P. 24(a) along with 11 Material Objects. The defence examined two witnesses and marked 19 documents. The accused were convicted and sentenced as follows:

“(i) Accused Nos.1, 2, 3, 4 and 6 were convicted for the offences punishable under Sections 143, 144, 147, 148 and 149 of IPC.

(ii) Accused No.1 was also convicted for the offence punishable under Sections 302, 506(2) read with Section 149 of IPC.

(iii) Accused No.2 was convicted for the offence punishable under Section 326 read with Section 149 of IPC and acquitted of the offence punishable under Section 302 of IPC.

(iv) Accused Nos.3 and 4 were convicted for the offence punishable under Section 341 read with Section 149 of IPC and acquitted of the offence punishable under Section 302 of IPC.

(v) Accused No.6 was convicted for the offence punishable under Sections 341, 144 read with Section 149 of IPC and acquitted of the offence punishable under Section 302 of IPC.

(vi) Accused Nos. 1,2,3,4 & 6 were sentenced to pay a fine of Rs.300/each, in default to undergo Simple Imprisonment for a period of one month for the offence punishable under Section 143 read with Section 149 of IPC, sentenced to pay a fine of Rs.600/each, in default to undergo Simple Imprisonment for a period of two months for the offences punishable under Sections 144 and 147 read with 149 of IPC each, except accused no.1.

(vii) Accused No.1 was sentenced to undergo Simple Imprisonment for a period of four months and to pay a fine of Rs.300/for the offence punishable under Section 148 read with Section 149 of IPC, sentenced to undergo Simple Imprisonment for a period of six months and to pay fine of Rs.600/for the offence punishable under Section 506(2) read with Section 149 of IPC and sentenced to undergo imprisonment for life for the offence punishable under Section 302 read with 149 of IPC. The duration of life imprisonment is till last breath and to pay fine of Rs.10,000/for the offence punishable under Section 302 read with 149 of IPC and fine imposed to the other offence proved against accused No.1 were to be recovered by attaching movables and immovables of accused No.1 in view of the sentence passed against him to undergo imprisonment for life till last breath.

(viii) Accused No.2 was sentenced to undergo rigorous imprisonment for a period of two years for the offence punishable under Section 326 read with Section 149 of IPC and to pay fine of Rs.5,000/, in defa

























































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