Ramappa Halappa Pujar & Ors vs State Of Karnataka

The alleged occurrence took place at about 10.30 A.M. on 13.12.1994 near the Bus stand at Village Ichangi situated in the District of Dharwad. A First Information Report was lodged by one Devendrappa (PW-25). He is the brother of appellants 1 and 2 herein being original accused nos.1 and 2. Appellant no. 4 is married to the sister of the appellants 1 and 2. Appellants 1 and 2 and the first informant allegedly sold 5 acres 20 gunthas of land situated in the said Village Ichangi to deceased Ratnavva. The contention of the accused no.1, however, was that his signature on the alleged deed of sale was a forged one. The property, however was in possession of the deceased Ratnavva. On 13.12.1994 at about 7.30 A.M. Ratnavva and her sons Shivananda Basavaraj and Veeresh went to the land in question for plucking groundnuts. The accused persons in furtherance of their common object of assaulting them came to the land in question with deadly weapons. They chased Devendrappa and assaulted him. They assaulted the deceased with sticks causing bleeding injuries. They were also abused. Allegedly in the scuffle that followed, accused no.1 instigated accused no.4 to stab Devendrappa and when an attempt was made in this behalf, bleeding injuries accidentally were caused to accused no.1. Devendrappa ran away from the said place. He was, however, caught near a place known Udachammana Gudi at Ichangi. His hands were tied. He was wrongfully confined to the house. It is stated that the accused persons also threw stones at the deceased and her companions PWs.26 to 28. One of them had hit the deceased. PWs.25 to 28 being frightened, moved a little away from the scene leaving the deceased on the spot. She was forcibly taken near the Bus stand of their village, tied to an electric pole and her garments were taken off. She was tied around her neck with her own saree. She was assaulted with sticks. She begged for water but the same was denied to her. The accused continued to assault her with sticks. She breathed her last at that spot. The first informant Devendrappa (PW-25) who was kept confined in his house allegedly had become unconscious. After regaining consciousness he came to know of the said murder and lodged the First Information Report.

respectively. Ligature mark on the middle of the nape of measuring =" x =". Ligature marks were reddish, dry, parchment like, ecchymosed margins. Both the hands were clinched.

2. There are 3 ligature marks on the right forearm about 3" away from the wrist, measuring 6" x <", 8" x <, 8 =" x1/4" respectively.

3. Ligature marks on the left fore arm two in No. measuring 5 =" x <", 5" x <" respectively.

5. Contusion on left knee joint medial aspect measuring 3" x 2" Multiple contusions were found on the body.

6. Contusion on left infracbuicular region measuring 2" x 3".

9. Two contusion on lateral and front of left thigh measuring 3 =" x 3", 3" x 3" respectively.

10. Contusion on left buttick and posterior aspect of thigh measuring 6 =" x 3", 3 <" x 3" respectively, 2" x 1".

14. Two contusions on right thigh measuring 2" x 2", 4 =" x 1" respectively.

Learned Trial Judge recorded a judgment of acquittal opining that the prosecution case has been supported only by the first informant Devendrappa, sister of the deceased Chembavva and sons of the deceased Shivananda, Basavaraj, PW.27 and Veeresh, PW.28 on whose evidence no reliance can be placed. The learned Trial Judge took into consideration the defence of the accused that the deceased and her sister were of loose moral character and although married, had left their respective husbands. It was noticed that the deceased had been living with the first informant and in view of their immoral conduct the villagers were against them. It was held that Accused no.1 allegedly had suffered a stab injury at the hands of the prosecution witnesses and was taken to the hospital at about 9.30 A.M. on that day whereafter only the villagers killed the deceased. The learned Trial Judge further held that PWs.25, 26, 27 and 28 being interested witnesses were not reliable.

We, therefore, are of the opinion that keeping in view the fact that PW.26 is the sister of the deceased and PWs.27 and 28 were her sons, their testimonies before the Court cannot be said to be wholly unreliable. [See Mano v. State of Tamil Nadu, JT 2007 (5) SC 143] We may also notice that as per evidence of the Investigating Officer, the accused no.1 when questioned, declined to tell him anything. If he was not at the place of occurrence at the time when the incident had taken place, it was expected that he would tell his side of the story including the manner in which he had suffered injuries to the Investigating Officer. There was absolutely no reason why he would suppress the fact from the Investigating Officer. This clearly goes to show that accused no.1 made all attempts to conceal the circumstances under which he had sustained injuries on his person. If in the aforementioned situation the High Court has believed the prosecution story, we do not see any infirmity therein, particularly, when no complaint was made in that behalf by the accused no.1 or by anybody else in their behalf to the police.

We have been taken through the depositions of PWs. 25 to 28. We agree with the inference arrived at by the High Court as regards credibility of their evidences before the court. There may be some contradictions in the depositions of the said witnesses but they are minor in nature. We cannot loose sight of the fact that they deposed in court about 3 = years after the date of occurrence and, thus, minor variations from their earlier statements are but natural.

In the facts and circumstances of the case, it was not necessary for the witnesses to prove the actual role played by each of the appellants.

For the aforesaid reasons, we do not find any infirmity in the judgment of the High Court. The appeal is accordingly dismissed.