SATISH CHANDRA SHARMA, J.

1. The wheels of justice may grind slow, but they grind fine.

Mallappa S/o Ningappa Kanner, Hanamanth S/o Ningappa Kanner and Dharamanna S/o Ningappa Kanner are the appellants before us who were put on a trial, as accused no. 3, 4 and 5, for the commission of murder of deceased namely Marthandappa and were acquitted by the Trial Court/Fast Track Court-I at Gulbarga on 24.03.2005. The judgment was not meant to finally Digitally signed by Neetu Khajuria Date: 2024.02.12 17:57:11 IST Reason:

Signature Not Verified seal the fate of the appellants as the State of Karnataka preferred an appeal against the order of the Trial Court before the High Court of Karnataka which was registered as Criminal Appeal No.

1363/2005. On 31.05.2010, the High Court reversed the order of acquittal and held the appellants guilty of the commission of murder of deceased Marthandappa. Accordingly, the appellants stood convicted and were sentenced to undergo life imprisonment. The appellants stand before us assailing the order of conviction of the High Court and praying for a declaration of innocence.

2. Pertinently, eight accused persons were tried and acquitted by the Trial Court. The High Court agreed with the acquittal of all the accused persons, except the three appellants before us.

PROSECUTION CASE

3. The case of the prosecution begins from one Nagamma, who is the wife of Accused No. 5 and deceased Marthandappa was allegedly having an illicit relationship with her. On account of the alleged illicit relationship, the relations between A1-A8 and Marthandappa were strained. On 28.06.1997, the fateful day, Marthandappa (the deceased), PW3 and PW4 were travelling in a bullock-cart from village Aidbhavi to the village Nagaral for cultivating their lands. They left the house of PW-2 (father of the deceased) at around 9 A.M. in a bullock cart to go to village Nagaral. PW-2 had agricultural lands at Aidbhavi as well as Nagaral. While they were travelling to village Nagaral, they crossed village Shantpur as they were proceeding on the bullock- cart towards Nagaral village. At around 4 P.M., when their bullock-cart arrived near the land of Balwantappa Channur, A1 to A8 came out of their hiding place and stopped the bullock-cart.

4. As per the prosecution case, A3, A4 and A6 were armed with axes (MO1s. 5, 6 &7), A5 was armed with knife (MO8) and Al, A2, A7 and A10 were armed with clubs (MOs 9, 10 and 1). The accused persons started by threatening Marthandappa stating that on account of his illegal acts, village women folk are not able to lead their life peacefully and then they proceeded towards Marthandappa, with the intention to kill him. A3 assaulted him with an axe on his right 1 MO = Material Object leg and caused injuries. A4 also assaulted him with an axe five/six times on the right side of the stomach.

A5 assaulted with a knife on the lip and back of Marthandappa, A6 assaulted with an axe on the right and left temple region and chin of Marthandappa. He also assaulted with an axe on the lap of Marthandappa. As the offensive act continued, A7 assaulted with a bullock-cart peg on the head of Marthandappa. A1, A2 and A8 assaulted with clubs on the back of Marthandappa.

5. Fearing for his life, PW-4 tried to run away and at that point of time, A3 assaulted him with an axe on the head, back and on the scrotum. PW-4 sustained injuries, became unconscious and fell on the ground.

6. PW-3, an eye witness of the incident, rushed to save himself and went inside the jali-trees. He saw the incident hiding from that particular place.

Eventually, Marthandappa fell on the ground and Al to A8, believing that Marthandappa was no more, left the place. Finding it safe for him, PW3 then went to Marthandappa and found that Marthandappa was no more. He noticed that PW-4 was also lying unconscious with blood flowing out of his injuries.

Thereafter, PW-3, fearing for his life, kept on hiding amidst the jali-trees and sometime durin