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2023 Supreme(Online)(Kar) 29707
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IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 29TH DAY OF MAY, 2023
PRESENT
THE HON'BLE MR JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO. 100062 OF 2016 C/W
CRIMINAL APPEAL NO. 100197 OF 2016
IN CRL.A. NO. 1000062 OF 2016:
BETWEEN:
LESHAPPA SHIVAPPA ALUR
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O. MANTUR, TQ: HUBBALLI,
DIST: DHARWAD.
...APPELLANT
(By SRI.M.B.GUNDAWADE, ADVOCATE)
AND:
1 .
GANESH @ GANAPPA
S/O. SHEKHAPPA HALYAL,
AGE: 25 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
2 .
SHEKHAPPA S/O. AVANEPPA HALYAL
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
3 .
MALLIKARJUN S/O. BASAPPA HALYAL
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
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4 .
IRAPPA @ VEERANNA S/O. BASAPPA HALYAL
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
5 .
SHANKRAPPA S/O. ADVEPPA HALYAL
AGE: 31 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
6 .
SHARNAPPA S/O. SHANMUKHAPPA HALYAL,
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
7 .
SHANMUKAPPA S/O. AVANEPPA
@ SHEKHAPPA HALYAL,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
8 .
PARAMESH S/O. NINGAPPA HALYAL
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
9 .
BASAVARAJ S/O. ADIVEPPA HALYAL
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
10 . RAVI S/O. SHEKHAPPA HALYAL
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
11 . SHIVAPPA S/O. SHEKHAPPA HALYAL
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
12 . SHIVAPPA S/O. KARABASAPPA HALYAL
AGE: 27 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
13 . BASAPPA S/O. NAGAPPA HALYAL,
AGE: 69 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
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(SINCE DECEASED, APPEAL STANDS ABATED
V.O.DATED 24.01.2023)
14 . SUBHASH @ SUBHASHCHANDRA
S/O. BOODAPPA HALYAL,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
15 . PRAKASH S/O. BOODAPPA HALYAL
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
16 . SURESH S/O. BOODAPPA HALYAL
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O: MANTUR VILLAGE, TQ: HUBLI.
(SINCE DECEASED, APPEAL STANDS ABATED
V.O.DATED 24.01.2023)
17 . STATE OF KARNATAKA
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT DHARWAD
THROUGH RURAL POLICE, HUBBALLI.
….RESPONDENTS
(By SRI.K.L.PATIL ADVOCATE FOR R1 TO R16,
SRI.U.M.BANAKAR, ADDL.SPP FOR R17,
APPEAL AGAINST R13 AND R16 IS ABATED V/O DATED
24.01.2023).
THIS CRIMINAL APPEAL IS FILED U/S 372 OF CR.P.C.
SEEKING TO CALL FOR THE RECORDS OF THE CASE BEARING
S.C. NO. 151/2010 ON THE FILE OF I ADDL. DISTCIT AND
SESSIONS JUDGE, DHARWAD, SITTING AT HUBLI AND TO SET
ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED
29/01/2016 PASSED BY I ADDL. DISTRICT AND SESSIONS
JUDGE DHARWAD, SITTING AT HUBLI IN S.C.NO.151/2010
INFAVOUR OF ACCUSED/RESPONDENTS 1 TO 16 FOR THE
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OFFENCES PUNISHABLE U/SS 143, 147, 148, 323, 324, 504,
307 R/W 149 OF IPC AND TO CONVICT AND SENTENCE THE
ACCUSED/RESPONDENT NO.1 TO 16 FOR THE OFFENCES
PUNISHABLE U/SS 143, 147, 148, 323, 324, 504 307 R/W 149
OF IPC.
IN CRL.A NO. 100197 OF 2016:
BETWEEN:
STATE OF KARNATAKA,
REPRESENTED BY RURAL POLICE, HUBBALLI,
THROUGH THE ADDL. STATE PUBLIC PROSECUTOR,
ADVOCATE GENERAL OFFICE,
HIGH COURT OF KARNATAKA, DHARWAD BENCH.
...APPELLANT
(BY SRI. RAMESH B. CHIGARI, HCGP)
AND:
1 .
GANESH @ GANAPPA,
S/O. SHEKHAPPA HALIYAL,
AGE: 20 YEARS.
2 .
SHEKHAPPA S/O AVANEPPA HALYAL,
AGE: 60 YEARS.
3 .
MALLIKARJUN S/O BASAPPA HALYAL,
AGE: 31 YEARS.
4 .
IRAPPA @ VEERANNA, S/O BASAPPA HALYAL,
AGE: 30 YEARS.
5 .
SHANKRAPPA S/O ADVEPPA HALYAL,
AGE: 36 YEARS.
6 .
SHARANAPPA S/O SHANMUKHAPPA HALYAL,
AGE: 31 YEARS.
7 .
SHANMUKAPPA S/O AVANEPPA
@ SHEKHAPPA HALYAL,
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AGE: 61 YEARS.
8 .
PARAMESH S/O NINGAPPA HALYAL,
AGE: 45 YEARS.
9 .
BASAVARAJ S/O ADIVEPPA HALYAL,
AGE: 30 YEARS.
10 . RAVI S/O SHEKHAPPA HALYAL,
AGE: 28 YEARS.
11 . SHIVAPPA S/O AVANEPPA HALYAL,
AGE: 32 YEARS.
12 . SHIVAPPA S/O KARABASAPPA HALYAL,
AGE: 28 YEARS.
13 . BASAPPA S/O NAGAPPA HALYAL,
AGE: 65 YEARS.
(SINCE DECEASED, APPEAL STANDS ABATED
V.O.DATED.24.01.2023)
14 . SUBHASH @ SUBHASHCHANDRA,
S/O BOODAPPA HALYAL,
AGE: 38 YEARS.
15 . PRAKASH S/O BOODAPPA HALYAL,
AGE: 38 YEARS.
16 . SURESH S/O BOODAPPA HALYAL,
AGE: 34 YEARS.
(SINCE DECEASED, APPEAL STANDS ABATED
V.O.DATED.24.01.2023)
…RESOPONDENTS
(BY K.L.PATIL ADVOCATE FOR R1 TO R16,
APPEAL AGAINST R13 AND R16 IS ABATED V.O.DATED
24.01.2023.)
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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1)
AND (3) OF CR.P.C., PRAYING TO GRANT LEAVE TO APPEAL
AGAINST
THE
AND
ORDER
OF
ACQUITTAL
29.01.2016 PASSED IN SESSIONS CASE NO.151 OF 2010 BY
I
ADDITIONAL
DISTRICT
AND
SESSSIONS
JUDGE,
DHARWAD, SITTING HUBBALLI, TO SET ASIDE THE JUDGMENT
AND ORDER OF ACQUITTAL DATED 29.01.2016 PASSED IN
SESSIONS CASE NO.151 OF 2010 BY THE I ADDITIONAL
DISTRICT
AND
SESSIONS
JUDGE,
DHARWAD,
SITTING
HUBBALLI AND TO CONVICT THE RESPONDENT / ACCUSED
WAS ACQUITTED OF THE OFFENCES PUNISHABLE UNDER
SECTIONS 143, 147, 148, 323, 324, 504 AND 307 READWITH
SECTION 149 OF IPC.
THESE CRIMINAL APPEALS HAVING BEEN HEARD AND
RESERVED FOR JUDGMENT ON 22.05.2023, COMING ON FOR
PRONOUNCEMENT OF JUDGMENT THIS DAY, ASHOK S. KINAGI,
J., DELIVERED THE FOLLOWING:
JUDGMENT
Crl.A.No.100062/2016 is filed by the de-facto
complainant and Crl.A.No.100197/2016 is filed by the
State challenging the judgment and order of acquittal
dated 29.01.2016 passed by the I Additional District and
Sessions
Judge,
Dharwad
sitting
at
Hubballi
in
S.C.No.151/2010
for the offences punishable under
Sections 143, 147, 148, 323, 324, 504, 307 r/w Section
149 of IPC wherein the Sessions Court has acquitted the
accused.
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2.
Brief background of the case:
A complaint came to be filed by P.W.2 on 05.05.2009
at about 12.30 hours alleging that there is enmity between
his family members and the family members of accused
No.1-Ganesh and it was in respect of panchayat elections.
That on 04.05.2009 at about 9.00 p.m. P.W.4/C.W.4 came
to his house and stated that he has parked his truck near
Samudaya Bhavan and he will proceed to Hospet. After
sometime, he heard the voice of P.W.4/C.W.4 and others
and thus, he along with his son Rajesh P.W.5/C.W.8
proceeded near Samudaya Bhavan and found all the
accused were in group and they possessed sticks and iron
rods and they abused P.W.4/C.W.4 in vulgar language and
questioned as to why he did not give way for the tractor of
accused No.1-Ganesh and slapped him and assaulted on
his face and at that time, the informant P.W.2/C.W.1 and
his son P.W.5/C.W.8 tried to pacify the quarrel, all the
accused abused in filthy language contending that there
was galata during panchayat election and they would be
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murdered. Saying so, accused Nos.1, 2, 3, 11 and 16
assaulted with sticks and iron rods with an intention to
murder them and accused Nos.1 and 2 assaulted on the
head of P.W.5/C.W.8 with iron rods and accused Nos.3, 11
and 16 assaulted with sticks on his legs, back, hands etc.
When they raised hue and cry, P.Ws.7, 8 and P.W.3
pacified the matter and while going away, the accused left
the sticks and iron rods on the spot and the incident has
taken place at 9.45 p.m. Thereafter, they came to KIMS
Hospital, Hubballi for treatment and injured P.W.5/C.W.8
was shifted to Sushruta Multi Specialty Hospital and
Research Centre, Hubballi as he has suffered fatal injuries.
The said information came to be registered on 05.05.2009
at 12.30 hours in crime No.110/2009 for the offences
punishable under Sections 143, 147, 148, 323, 324, 504,
307 r/w Section 149 of IPC by Hubballi Rural Police
Station. During the course of investigation, P.W.5 was
subjected to medical check up at KIMS Hospital, Hubballi
and thereafter, Sushruta Multi Specialty Hospital and
Research Centre, Hubballi. The accused were not arrested
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in
pursuance
of
grant
of
anticipatory
bail
in
Crl.Misc.No.264/2009. During the course of investigation,
P.W.13-Investigating Officer recorded the statement of the
witnesses and on completion of the investigation, charge
sheet came to be submitted on 01.08.2009 for the
offences punishable under Sections 143, 147, 148, 323,
324, 504, 307 r/w Section 149 of IPC. On committal of the
case to the Sessions Court, it was numbered as
S.C.No.151/2010.
Charges
came
to
be
framed
on
27.09.2012 and on accused pleaded not guilty and claimed
to be tried, trial was commenced. On behalf of the
prosecution, 13 witnesses were examined as P.Ws.1 to 13
and got marked 13 documents at Exs.P1 to P13 and
M.Os.1 to 5. On incriminating material being suggested,
the statement
