The court upheld the convictions for assault leading to death, emphasizing the sufficiency of evidence while modifying sentences to enhance fines instead of imprisonment.

ORAL JUDGMENT

Heard Sri Umesh, learned counsel for the appellants and Sri Channappa Erappa, learned High Court Government Pleader for the respondent.

2. Accused No.1 to 3 who were convicted and sentenced as under in S.C.No.10/2011, dated 13.09.2013, on the file of Additional District and Sessions Judge, Chitradurga, are the appellants.

“1. The accused-1) Raghavendraswamy S/o. Rajappa, Aged about 23 years, 2) Kumaraswamy S/o Rajappa, Aged about 32 years, and 3) Rajappa S/o Ranganaik, Aged about 60 years all are agriculturist R/o. Hulithottilu village, Hiriyur Taluk shall undergo simple imprisonment for period of one year, and also pay fine amount of Rs.1,000/- each for the offence punishable Under Section 323 of IPC.

2. Further the accused 1 to 3 shall undergo simple imprisonment for period of two years, and shall also pay fine amount of Rs.2,000/- each for the offence punishable U/Sec.504 of IPC.

3. Further the accused-1 alone shall undergo rigorous imprisonment for period of seven years, and shall also pay fine amount of Rs.2,000/- for the offence punishable U/Sec.304 part-II of IPC.

4. In default to pay the fine amount the accused stated above shall undergo further simple imprisonment for a period of one year.

5. All he substantive sentences hall run concurrently.

6. The bail bonds and surety bonds of accused-1 to 3 are hereby cancelled.

7. M.Os.1 to 13 are ordered to be destroyed after the appeal time is over, as they are worthless.

8. Further the accused are directed to give compensation of Rs.1,00,000/-(Rupees one lakh only) to the wife and son of the deceased-Nagendrappa resident of Hulithuttilu village, Hiriyur Taluk as per Sec.357 of Cr.P.C.

9. The Deputy Commissioner, Chitradurga is directed to take all recourse to execute the order of compensation of Rs.1,00,000/- as ordered above to the wife and son of the deceased Nagendrappa R/o Hulithuttilu Village. Hiriyur Taluk from the accused as if arrears of land revenue by the accused by making use of property of the accused-3. The Deputy Commissioner, Chitradurga is directed to get create charge over the land of the accused-3 who is father of the accused-1 & 2 until the payment of compensation made to the wife and son of deceased by making use of the land of the accused-3.

10. The Chief administrative Officer of this Court is directed to send certified copy of the judgment of conviction and order on sentence to the District Magistrate/Deputy Commissioner in compliance with Sec.365 of code of Criminal procedure by highlighting order passed by this court while ordering sentence above.

11. The Deputy Commissioner is directed to submit report to this court regarding the action taken as above stated within a period of 6 months from today.”

3. Facts in nutshell for disposal of the present appeal are as under:

On account of ill-will nurtured between complainant - Murkannappa and accused persons in respect of a vacant space, situated in between two houses at Hulithotlu village, Hiriyur Taluk, Chitradurga District, on 09.05.2010 at about 7.00 p.m., when said Murkannappa was digging foundation in front of his house, to construct a bathroom, all the accused persons came there and picked up quarrel with Murkannappa and abused him in filthy language and assaulted him.

4. Smt. Rangamma being the wife of Murkannappa and daughters of Murkannappa namely, Siddeshwari and Shilpa tried to rescue Murkannappa and tried to pacify the quarrel. At that juncture, accused persons assaulted them also. They raised alarm. On hearing the hue and cry, relatives of Murkannappa namely, Nagendrappa arrived on the scene to rescue Murkannappa from the clutches of appellants. At that juncture, first accused Raghavendraswamy pulled Nagendrappa and again purshed him. As such, said Nagendrappa fell on the road, where a heap of stones were stored and sustained injuries on the occipital region of his head. Because of the impact of injury, he died next day i.e., on 10.05.2010 at Chitradurga Government Hospital. Murkannappa report