M.G. Eshwarappa & Ors vs State Of Karnataka

Prosecution story, in brief, is that PW-16 Niranjanappa (complainant) was elder brother of accused No. 1 M.G. Eshwarappa. Accused No. 2 M.G. Shivaraj and accused No. 3 M.G. Girish are sons of M.G. Eshwarappa. Accused No. 4 Hebballi Shivappa is brother-in-law of accused No. 2 M.G. Shivaraj. There was a family dispute between the complainant and his brother Eshwarappa pertaining to immovable property, and reaping of fruits of tamarind tree in the backyard of the complainant’s house. There used to be quarrel every now and then between the families of two brothers. Prior to the incident, on 03.03.1998 at about 3.00 p.m. the accused persons, armed with deadly weapons, came to the house of the complainant objecting to the plucking of tamarind fruits by the complainant’s family, and threatened them of dire consequences. With the intervention of the neighbours dispute got pacified temporarily. Thereafter, as the accused persons went away, the complainant along with his son Basavaraj (deceased) and daughter Rajeshwari (PW-1) went to Honnali to consult their legal counsel, and to get the complaint lodged against the accused. The three left the village Marigondanahalli at about 5.00 p.m. for Honnali, but the counsel was not found at his residence. On this, complainant Niranjanappa (PW-16) asked his son and daughter to return to the village as he wanted to wait for the arrival of the counsel. At about 6.30 p.m. Basavaraj and Rajeshwari left Honnali on way back to their village. When the two had covered a distance of about two kilometers, and were only one kilometer away from their village, four accused namely - M.G. Eshwarappa, M.G. Shivaraj, M.G. Girish and Hebballi Shivappa intercepted them. Eshwarappa (A-1) was armed with club, Shivaraj (A-2) was armed with Kandli (heavy sharp edged weapon), and Girish (A-3) and Shivappa (A-4) were armed with iron rods. The first blow was given by Shivaraj with Kandli on the head of Basavaraj on which he fell down. His sister Rajeshwari (PW-1) to save her brother lied down on him and requested the accused to leave her brother. On this Shivaraj (A-2) dragged her on one side. In the process she also suffered minor injuries. Thereafter Girish (A-3) and Shivappa (A-4) assaulted already injured Basavaraj with iron rods. Basavaraj started bleeding from the injuries received by him. The accused persons presuming that the injured is dead left the place. PW-1 Rajeshwari started crying. One Kammar Rudresh, who was returning on a bicycle from Shimoga after selling his flowers, asked her as to what had happened, and then left for the village to inform his family members of the injured in order to get some bullock cart. This incident occurred around 7.30 p.m. There was moon light. At about 8.00 p.m. Parvathamma (PW-29) mother of the injured, along with other villagers reached at the spot and injured Basavaraj was first taken to Chellur. After some time Niranjanappa (PW-16) also reached there, and after engaging a motor van, the injured was taken to Shimoga hospital, where he was admitted at 10.45 p.m. However, Basavaraj could not be saved and succumbed to the injuries soon after midnight at about 0040 hrs. A report (Ext. P-5) was given at the nearest Police Station Doddapet on which PW-28 M. Gopalappa (Station House Officer) rushed to the hospital. He sent intimation (Ext. P-6) to the jurisdictional Police Station Nyamathi, where the same was registered as Crime No. 49 of 1998. PW-33 S.G. Patil (Police Inspector) took up the investigation and, after taking the dead body in his possession, prepared the inquest report (Ext. P-28) and interrogated witnesses including Rajeshwari (PW-1), Niranjanappa (PW-16) and Parvathamma (PW-29). PW-2 Dr. C. Francis conducted the post mortem examination on 04.03.1998 at 11.00 a.m. and prepared the autopsy report (Ext. P-2). He opined that the deceased had died due to shock and haemorrhage as a result of injuries suffered by him on the head. On conclusion of investigation the charge-sheet was filed against all the four accused for their trial in respect of offences punishable under Sections 506, 354 and 302 read with Section 34 of Indian Penal Code (IPC).

The State of Karnataka preferred appeal against acquittal of the accused before the High Court. The High Court, after re-appreciating the evidence, held that the finding recorded by the trial court is perverse and contrary to the evidence on record. The appeal was allowed by the High Court. (Since accused No. 3 M.G. Girish had meanwhile died, his appeal stood abated.) The High Court convicted rest of the three accused, namely Eshwarappa, Shivaraj and Hebballi Shivappa under Sections 506, 354 and 302 read with Section 34 IPC, and after hearing on sentence, each of the convicts is sentenced under Section 302 read with Section 34 IPC to imprisonment for life and to pay fine of ?10,000/-. In default of payment of fine, the defaulter, if any, was directed to undergo rigorous imprisonment for a further period of one year. In view of the sentence awarded in respect in respect of offence punishable under Section 302/34 IPC, qua rest of the offences no punishment was awarded by the High Court. The convicts have preferred this appeal under Section 379 of Code of Criminal Procedure (Cr.P.C.). During pendency of appeal before this Court, appellant No. 1 (M.G. Eshwarappa) has died and his appeal stands abated.

Before further discussion, we think it just and proper to mention the ante- mortem injuries found on the dead body of the deceased, recorded by PW-2 Dr. C. Francis in Ext. P-2 as under: -

In the opinion of the medical officer (PW-2 Dr. C. Francis), as mentioned in Ext. P-2, the deceased died of shock and haemorrhage as a result of injury to vital organ, i.e. brain.

The star witness of the prosecution case is PW-1 Kumari M.N. Rajeshwari who is the sister of the deceased. After narrating the prior incident of 03.03.1998 which occurred at 3.00 p.m., she has stated that her father (PW- 16 Niranjanappa) along with her brother (deceased) and herself left the village Marigondanahalli at about 5.00 p.m. for Honnali to consult their lawyer to lodge the report. She further told that Mr. Srinivas, advocate, to whom they had gone to meet, was not available at Honnali and as such her father decided to wait for him, and advised her and her brother to go back to the village. She further told that she left Honnali at 6.30 p.m. and came with her brother Basavaraj to Kadadakatte on their way back. PW-1 Rajeshwari has further stated that at 7.00 p.m. she and her brother reached Kadadakatte, and by 7.30 p.m. they had covered distance of about two kilometers on foot, when the four accused namely Eshwarappa, Girish, Shivaraj and Shivappa appeared, and intercepted them. Accused Girish said, “Anna Bandaru” (brother! they have come), and Shivaraj (A-2) gave a blow with Kandli (heavy sharp edged weapon) on the head of Basavaraj. She further told that she lied down on her brother and pleaded to the accused to leave him, but Shivaraj (A-2) dragged her away, and thereafter Girish (A-

PW-1 Rajeshwari, narrating the incident further, stated that left helpless after the incident, she started crying, when one Kammar Rudresh passing through on bicycle came, and she told about the incident. And said Rudresh went to the village and informed to the villagers, who in turn came in bullock cart. Thereafter, in another bullock cart her mother (PW-29 Parvathamma) reached. And Basavaraj was taken on a bullock cart upto Kadadakatte crossing from where an autorikshaw was engaged up to Chellur. According to PW-1 Rajeshwari, on receiving the information about the incident her father also came to Chellur, and from there they all boarded matador van, and took the injured Basavaraj to the Shimoga Hospital. She further told that at about 10.30 p.m. Basavaraj was admitted in the Hospital but succumbed to injuries in the night. Lastly she told that her father (PW-16 Niranjannappa) gave report to the police. She has also corroborated the fact that the police prepared the inquest report, and that she had shown place of incident to the police during interrogation. PW-1 Rajeshwari has been subjected to lengthy cross-examination but nothing has come out which creates doubt in her testimony.

The third point raised before us is that in the wound certificate (Ext. P-

For the reasons, as discussed above, we find no force in this appeal which is liable to be dismissed. Accordingly, the same is dismissed.

The appellants M.G. Shivaraj and Hebballi Shivappa (appellant Nos. 2 and

3) are on bail. Their bail bonds stand cancelled and the sureties are discharged. They shall surrender forthwith before the trial court to undergo the sentence awarded by the High Court.

March 02, 2017.