IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 16^TH DAY OF FEBRUARY 2023

PRESENT

THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

AND

THE HON’BLE MR. JUSTICE C.M. JOSHI

CRIMINAL APPEAL No.100287 OF 2021

BETWEEN:

1.

Iranagouda,

S/o. Puttappa Puttappanavar,

Age: 34 years,

Occ: Agriculture,

R/o. Yalavadal,

Kalghatgi Tq.,

Dharwad Dist. 581204.

2.

Basavaraj @ Basappa,

S/o. Channabasappa

Honnihalli,

Age: 31 years,

Occ: Agriculture

R/o. Tavargeri,

Kalghatgi Tq.,

Dharwad Dist. 581204.

3.

Puttangouda

Channappagouda Patil,

S/o. Channappagouda Patil,

Age: 28 years,

Occ: Agriculture,

R/o. Yalavadal,

Kalghatgi Tq.,

Dharwad Dist.581204.

Crl.A.No.100287/2021

2

4.

Shivanagouda

Channappagouda Patil,

S/o. Channappagouda Patil

Age: 24 years,

Occ: Driver,

R/o. Yalavadal,

Occ: Driver,

R/o: Yalavadal,

Kalghatgi Tq.,

Dharwad Dist. 581204.

.. Appellants

(By Sri. Ravi B. Naik, Senior Counsel for

Sri. J. Basavaraj, Advocate )

AND :

The State of Karnataka,

Through Kalghatgi Police,

Kalghatgi, represented by

its State Public Prosecutor,

High Court of Karnataka

Bench at Dharwad – 580011.

.. Respondent

(By Sri. V.S.Kalasurmath, High Court Govt.Pleader)

***

This Criminal Appeal is filed under Section 374 (2) of the

Code of Criminal Procedure, 1973, praying to call for the records

in S.C.No.135/2017, peruse the same, allow this appeal, set

aside the judgment and order of conviction dated 18-08-2021

and sentence dated 26-08-2021 under Sections 302, 504, 506

read with 34 of the IPC, passed by the Principal Sessions Judge,

Dharwad and acquit the appellants No.1 to 4/accused Nos.1 to 4

and set the appellants at liberty, in the interest of justice and

equity.

This Criminal Appeal having been heard through Physical

Hearing/Video Conferencing Hearing and reserved for judgment

on 24-01-2023, coming on for pronouncement this day,

Dr.H.B.Prabhakara Sastry J., delivered the following:

Crl.A.No.100287/2021

3

J U D G M E N T

The appellants, who were the accused persons before

the Court of the learned Principal Sessions Judge,

Dharwad, (hereinafter for brevity referred to as “the

Sessions Judge’s Court’), in Sessions Case No.135/2017,

have challenged the impugned judgment of conviction dated

18-08-2021 and order on sentence dated 26-08-2021,

convicting them for the offences punishable under Sections

302, 504, 506 read with Section 34 of the Indian Penal

Code, 1860 (hereinafter for brevity referred to as “the IPC”)

and sentencing them accordingly.

2. The summary of the case of the prosecution in the

Sessions Judge’s Court was that, the deceased Nagappa

was the elder brother of the first informant - PW-1 -

Kallappa Salagatti. PW-1, deceased Nagappa and his

another brother PW-9 – Shiddalingapa were residing

together in Tavargeri village of Kalghatgi Taluk. Accused

No.1 and PW-10 - Manjunath Gudihal are residents of

Tavarageri. Both of them belong to different political

Crl.A.No.100287/2021

4

parties. Prior to the incident, an election was held for the

Village Panchayat. Both accused and PW-10 had clashes

during elections. Deceased Nagappa had been the

supporter and in the company of Manjappa Gudihal. Due to

the said reason, accused No.1 was angry with deceased

Nagappa. It also appears that during clashes between

PW-1 and accused No.1, the deceased used to interfere,

which made the accused more angry against the deceased.

On the date 28-09-2016, at about 1:00 p.m., PW-1,

his brother deceased Nagappa and another brother PW-9 –

Shiddalingappa had been to Karnataka Grameena Vikas

Bank, Tavarageri (hereinafter for brevity referred to as “the

Grameena Bank”), for transfer of money through RTGS and

after completion of the work, all the three of them came