Page 1

JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 985 OF 2007

M.B. SURESH

… APPELLANT

VERSUS

STATE OF KARNATAKA

…RESPONDENT

WITH

CRIMINAL APPEAL NO.21 OF 2014

(@ SPECIAL LEAVE PETITION (CRL.) NO. 5363 OF 2007)

BHADREGOWDA

… APPELLANT

VERSUS

STATE OF KARNATAKA

…RESPONDENT

J U D G M E N T

CHANDRAMAULI KR. PRASAD,J.

Appellant, besides his father Bhadregowda, was

put on trial for offence punishable under Section

302, 114 and 427 of the Indian Penal Code and

Section 3 read with Section 25 and 27 of the Arms

Page 2

JUDGMENT

Act. Additional Sessions Judge, Hasan, vide

judgment and order dated 24^th of February, 2000

passed in Sessions Case No. 24 of 1992, acquitted

both the accused of all the charges. Aggrieved by

the same, the State of Karnataka preferred an

appeal. The High Court, vide judgment and order

dated 9^th of February, 2007 passed in Criminal

Appeal No. 991 of 2000, reversed their acquittal

and held the appellant M.B. Suresh guilty of

offence punishable under Section 302 and 427 of the

Indian Penal Code and Section 25 and 27 of the Arms

Act. However, his father Bhadregowda was found

guilty of offence punishable under Section 427 of

the Indian Penal Code alone. Appellant M.B. Suresh

was sentenced to undergo life imprisonment for

offence under Section 302 of the Indian Penal Code

and fine of Rs. 5,000/-, and in default to undergo

simple imprisonment for six months. He was also

sentenced to undergo one year’s imprisonment and

fine of Rs. 2,000/- for offence under Section 27 of

the Arms Act. Both of them were sentenced to

2

Page 3

JUDGMENT

undergo simple imprisonment for one week for

offence under Section 427 of the Indian Penal Code

and fine of Rs. 5,000/- each. Sentences were

directed to run concurrently. Aggrieved by the

same, M.B. Suresh has preferred the present appeal

whereas his father Bhadregowda, aggrieved by his

conviction and sentence, has preferred Special

Leave Petition No. 5363 of 2007.

Leave granted in Special Leave Petition

(Criminal) No. 5363 of 2007.

According to the prosecution there was a long

standing enmity between the family of the informant

and the accused in respect of land of Survey No.

29/2 and 22 of Marur Village over which the accused

Bhadregowda was claiming tenancy rights. According

to the prosecution, on 19^th of November, 1991 the

deceased Chandrashekar, along with his elder

brother Raghunath, cousin Krishnegowda, a friend

Prakash and one Suresh came to the residence of

Halegowda in the Village Marur in a tractor-trailer

3

Page 4

JUDGMENT

for unloading the gunny bags. After unloading the

gunny bags, they sent the tractor-trailer along

with the labourers to the coffee plantation of

Ramegowda to pluck coffee seeds. However, the

aforesaid persons stayed back at Halegowda’s house

to have a cup of coffee and later, at about 10.30

A.M., while they were going to coffee estate by the

side of the wetland of Ramegowda, Chandrashekar was

ahead of them. At that time, Chandrashekar was

shot at by the appellant M.B. Suresh, who was

standing near the gate made of bamboo. After the

first shot, his father Bhadregowda instigated him

to fire again and at that the appellant M.B. Suresh

fired for the second time at the deceased and

thereafter they left the place. P.Ws. 1 to 3,

namely Krishnegowda, Raghunath and Prakash

respectively, rushed to the place where

Chandrashekar had fallen on the ground and in order

to save him, they carried him to the village, but

unfortunately he died because of the gun shot

injury on their way to the village. On the basis

4

Page 5

JUDGMENT

of the report given by

Krishnegowda (PW-1), a

case was registered at the Bellur Pol