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2020 Supreme(Kar) 758
IN THE HIGH COURT OF KARNATAKA AT BENGALURU (DHARWAD BENCH)
B.A. Patil, M.G. Uma, JJ.
Babu Basavanni Kurubar - Appellant
Versus
State Of Karnataka - Respondent
Criminal Appeal No. 100209 of 2015
Decided On : 10-07-2020
S.S. Yadrami, Advocate, H.M. Dharigond, Advocate, V.M. Banakar, Advocate
The credibility of injured eyewitnesses and related witnesses, the importance of their testimony, and the absence of independent witnesses in a case.
Headnote:
JUDGMENT - Conviction Appeal - Sections 302, 307, 326, 324, 504, 506 of IPC - Summary
Fact of the Case:
The case involved a dispute over landed properties between the accused and the informant's family. The accused assaulted the informant, her family members, and a child, resulting in the death of one individual.
Finding of the Court:
The trial court convicted accused No.1 for various offenses under IPC, while acquitting accused No.2 for most offenses but convicting him under Section 506 of IPC. The appeal was filed by accused Nos.1 and 2 against the judgment of conviction and order of sentence.
Issues: The issues included the credibility of eyewitnesses, the delay in registering the FIR, and the motive for false implication of the accused.
Ratio Decidendi: The court found the injured eyewitnesses' testimony credible, emphasizing the importance of their evidence. It also noted that related witnesses need not be interested witnesses and that the absence of independent witnesses does not discredit the prosecution's case. The court also rejected claims of false implication due to lack of evidence.
Final Decision: The court confirmed the conviction of accused No.1 but acquitted accused No.2 of the offense under Section 506 of IPC.
JUDGMENT
M.G.Uma, J. - Accused Nos.1 and 2 have preferred this appeal, aggrieved by the impugned judgment of conviction and order of sentence dated 31.07.2015 passed by the learned II Additional Sessions Judge, Belagavi (hereinafter referred to as the 'trial Court'), passed in S.C.No.365/2012, convicting accused No.1 for the offences punishable under Sections 302, 307, 326, 324, 504, 506 read with Section 34 of IPC, while acquitting him for the offence punishable under Section 114 of IPC and convicting accused No.2 for the offence punishable under Section 506 of IPC, while acquitting him for other offences.
2. We have heard the learned advocate Sri.S.S.Yadrami for the appellants/accused and learned Addl. SPP Sri.V. M. Banakar for the respondent-State.
3. The brief facts of the case of the prosecution is that; the first informant-Surekha, is the wife of accused No.1. Accused No.4 is his second wife. Accused Nos.2 and 3 are their sons, while PW2- Sheetal is the daughter of the informant through accused No.1. Deceased Bagawwa is the mother of the informant. PW3-Gangawwa is her sister and PW17-Chandrawwa is the mother of deceased- Bagawwa and PW3 Gangawwa. It is stated that the informant was residing in her house along with her mother-Bagawwa, grandmother-Chandrawwa, aunt- Gangawwa, daughter-Sheetal and grand daughter- Gayatri. Whereas the accused were residing in the neighboring house. There was dispute between both of them, in the matter of landed properties.
4. On 28.06.2012 at 7.00 am, the informant along with her mother deceased-Bagawwa, went to the floor mill belonging to Mahadeva Kakatikar. At that time, accused No.1 armed with sickle and accused No.2 with axe, came there. Accused No.1 abused the informant and the deceased in filthy language and proclaiming to take away their life assaulted the deceased Bagawwa with the sickle on her buttock and caused bleeding injury with an intention to cause her death. The injured Bagawwa fell down and when the informant started to run away, accused No.2 tried to chase her. In the meantime, PW2-Sheetal was coming towards the floor mill and accused Nos.1 and 2 leaving the informant, started chasing Sheetal. When Sheetal and the informant started running away, accused went near their house, where PW17-Chandrawwa-grand mother of the informant was sitting in front of the house with Gayatri-daughter of PW2 on her lap. Accused No.1 assaulted Chandrawwa on her back with the sickle and dragged PW3-Gangawwa out of the house, by holding her saree and assaulted her with the sickle, on her back, forehead and head, causing injuries with an intention to cause their death. In the meantime, accused No.3-Devendra dragged the little child- Gayatri by proclaiming that he will not spare her. PW17-Chandrawwa fell down to rescue the child and requested accused not to harm her. Accused No.4 was standing near the door of the house and was criminally intimidating to take away their lives. After the incident, the informant along with others went near the floor mill at 8.30 am and found Bagawwa lying on the spot and she found dead. In this regard, the first information as per Ex.P1 was lodged by the informant-Surekha against all the accused and on the basis of the said first information, Crime No.156/2012 of Marihal police station was registered against accused Nos.1 to 4 for the offences punishable under Sections 302, 307, 326, 324, 504, 506 and 114 read with Section 34 of IPC. After investigating into the matter, charge sheet was came to be filed against all the four accused. Accused No.3 was a juvenile and was tried before the Juvenile Justice Board. It is stated that accused No.4 is reported to be dead and case against her is already abated.
5. The committal Court took cognizance of the offences and secured the presence of the accused. Since the offences alleged were exclusively triable by the Sessions Court, after following the procedure contemplated under Section 208 of Cr.P.C., committed the matter to Sessio
