IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 12^th DAY OF FEBRUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE K. NATARAJAN

CRIMINAL APPEAL NO.2766/2011

BETWEEN:

1. BAHUTALI BILIYANI WADEYAR

AGE 37 YEARS, R/O DODDAYARAGANAL

R/O HIDKAL TQ. RAIBAG, DIST. BELGAUM.

2. SHRI OGEPPA BILIYANI WADEYAR

AGE 22 YEARS, R/O DODDAYARAGANAL

R/O HIDKAL TQ. RAIBAG, DIST. BELGAUM.

3. SHRI BILIYANI OGEPPA WADEYAR

AGE 62 YRS., R/O DODDAYARAGANAL

R/O HIDKAL TQ. RAIBAG, DIST. BELGAUM.

4. SMT. LAKKAWWA, W/O BILIYANI WADEYAR

AGE 52 YRS., R/O DODDAYARAGANAL

R/O HIDKAL TQ. RAIBAG, DIST. BELGAUM.

.. APPELLANTS

(BY SRI. B.S. KUKANAGOUDAR AND

SRI. F.V. PATIL, ADVS.)

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AND:

THE STATE OF KARNATAKA

THROUGH KUDACHI POLICE

REPTD. BY STATE PUBLIC PROSECUTOR,

DHARWAD.

.. RESPONDENT

(BY SRI.RAMESH B. CHIGARI, HCGP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF

CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND

ORDER OF SENTENCE DATED 29.7.2011 PASSED BY THE FAST TRACK

COURT II AND ADDL. SESSIONS JUDGE, BELGAUM, IN S.C.NO.73/2009

AND THEREBY CONVICTING THE APPELLANTS FOR OFFENCE UNDER

SECTIONS 341, 326, 504 AND 506 R/W SECTION 34 OF IPC IN THE

INTEREST OF JUSTICE.

THIS APPEAL COMING ON FOR HEARING THROUGH PHYSICAL

HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT

DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is filed by the appellants/accused Nos.1 to 4

against the judgment of conviction and sentence dated 29.07.2011

passed by the Fast Track Court II and Additional Sessions Judge,

Belgaum

(hereinafter

referred

to

as

the

‘trial

Court’)

in

S.C.No.73/2009 for the offence punishable under Sections 341,

326, 504 and 506 read with Section 34 of the Indian Penal Code,

1860 (hereinafter referred to as the ‘IPC’).

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2. Heard the arguments of the learned counsel for the

appellant and the learned High Court Government Pleader for the

respondent-State.

3. The rank of the parties before the trial court is retained for

convenience.

4. The case of the prosecution is that the Kudachi Police

Station filed charge-sheet against the accused for the offence

punishable under Sections 341, 326, 504 and 506 read with Section

34 of IPC. It is alleged by the complainant one Sri. Bharmappa

Mallappa Vadeyar-the brother of the injured that, he along with his

brother and their family members are residing in their farm house

at a distance of ½ km from Hidkal and the accused along with their

family members are also residing in their farm house near to his

farm house. There was a dispute between the complainant and the

accused in respect of the bund situated between their land and the

land of the accused. On 09.06.2008 at about 10.30 am when the

complainant was present in front of his farm house along with his

wife and his elder brother Mahadev, who is injured, at that time,

accused Nos.1 to 4 were digging the bund near to their farm house

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of the complainant. When the complainant’s brother Mahadev went

and questioned accused Nos.1 to 4 as to why they were digging the

bund for which the accused abused him in filthy language saying

who was he to question the same. And saying so accused Nos.2 and

3 said to have caught hold of the injured and accused No.1 has

assaulted Mahadev on his head with a pickaxe. As a result, PW-3

sustained bleeding injury and fell down. The complainant and is

wife Lolita and his uncle Padmanna who were present near the spot

went to the spot. The accused also threatened them of dire

consequences and went away by throwing the weapon on the spot.

Then they shifted the injured to the KLE Hospital, Belgaum, and got

treated. Later he has lodged a complaint. Accordingly, the police

arrested the accused after registering a case against them in Crime

No.165/2008 for the aforesaid offence. The accused have been

released on bail. The Investigating Officer, after com