Mallanna And Ors vs State Of Karnataka

2. Prosecution case in short was that one Siddanna Patil, who was father of A-1 and A-4, was murdered in the year 1983 in which Bhimanagowoda Desai and thirteen other persons were accused which gave rise to Sessions Case No. 47 of 1984, in which trial proceeded against the other thirteen persons and the same in relation to Bhimanagowoda Desai was separated because he was absconding and numbered as Sessions Case No. 83 of 1988. The aforesaid thirteen persons were convicted by the Trial Court and their conviction was confirmed by the High Court, against which Special Leave Petition was filed before this Court in which bail was granted and Bhimanagowoda Desai was instrumental in securing release of the aforesaid thirteen persons on bail from this Court. Bhimanagowoda Desai was granted anticipatory bail and thereafter his trial proceeded and the date fixed for hearing of that case was 22.4.1989. One day prior to the aforesaid date, i.e., on 21.4.1989 in the afternoon all the sixteen accused persons aforementioned met at the residence of A-11 at village Hadnoor and in the said meeting A-10 stated that as Bhimanagowoda Desai had secured bail of thirteen accused persons from this Court he should be done to death. Shivashranappa [PW-10] went to the house of A-11, who was his neighbour, in the same afternoon at about 3.00 pm with an intention to meet A-10 and saw all the sixteen accused persons in the room and overheard their aforesaid conversation whereafter the accused persons left the house of A-11. In the same evening one Sangappa [PW-12] visited the house of one Nangouda at Shantinagar in Gulbarga town where he found that all the sixteen accused persons excepting A-8, A-10, A-11 & A-12 were talking and he heard their conversation in which A-4 was telling other accused persons to finish Bhimanagowoda Desai on the next day, i.e., 22.4.1989.

3. Further prosecution case was that on 21.4.1989 at 9.30 pm Bhimanagowoda Desai along with his bodyguard-Mallappa [PW-3], Bhimareddy [PW-1], Bhimaraya and Basavraja went to village Gulbarga for appearing in morning court at Gulbarga on 22.4.1989 in the aforesaid Sessions Case No. 83 of 1988 and stayed that night in the house of his nephew-Rudragouda [PW-2]. On the next day, i.e., on 22.4.1989 Bhimanagowoda Desai along with the aforesaid persons, excluding PW-2, went to court at 7.30 am to appear in the said case. Thereafter PW-2 also left for the court and arrived there. Bhimanagowoda Desai was standing on the katta of Civil Judges Court and was waiting for his case to be called out. Between 7.45 am 8.15 am all the twelve known persons viz., A-1 to A-8, A-10 to A-13 and five to six other persons arrived there, out of whom, A-1, A-2, A- 3, A-6, A-7 and A-13 ran towards Bhimanagowoda Desai with jambiyas in their hands and out of these seven persons A-1, A-2 and A-3 assaulted him whereas others caught hold of him. PW-1, PW-2 and PW-3 and others tried to save Bhimanagowoda Desai who after receiving injuries fell down on the ground.

5. The police after registering the case took up investigation and on completion thereof submitted chargesheet on receipt whereof learned Magistrate took cognizance and committed the aforesaid sixteen accused persons to the Court of Sessions to face the trial.

6. Defence of the accused persons was that they were innocent, had no complicity with the crime, no occurrence as alleged had taken place, the deceased-Bhimanagowoda Desai might have received injuries in some other manner of occurrence and they have been implicated in the case in hand to feed fat the old grudge.

9. We now proceed to consider the cases of the ten convicted accused persons. The High Court as well as the Trial Court has come to the conclusion that the prosecution failed to prove the case of conspiracy beyond reasonable doubt as stated above. Both the courts further concluded that prosecution failed to prove its case beyond reasonable doubt that the deceased made an oral dying declaration before PW-2, PW-3 and Bhimaraya, A-1 was arrested, only after four hours of the occurrence, from near the place of occurrence and jambiya was recovered from his possession.

21. In the result Criminal Appeal No. 298 of 2000 is allowed in part and the appeal filed by Mallanna [appellant no. 1], Lalesa [appellant no. 2] and Bhimangouda [appellant no. 3] is dismissed. The appeal filed by Bapugouda [appellant no. 9] is disposed of the same having abated in view of his death and appeal of Mahaboobsab [appellant no. 4], Buddesab [appellant no. 5], Kashimsa [appellant no. 6], Appasab [appellant no. 7], Sharanappa [appellant no. 8], Chandappa [appellant no. 10] and Rajashekara [appellant no. 11] are allowed, their conviction and sentence are set aside and they are acquitted of the charge. Bail bonds of appellant nos. 1-3, who are on bail, are cancelled and they are directed to be taken into custody forthwith to serve out the remaining period of sentence for which the matter must be reported to this Court within a period of one month from the date of receipt/production of the copy of this judgment. So far as appellant nos. 4-8, 10 and 11, who are on bail, are concerned, they are discharged from the liability of bail bonds. Bapugowda [appellant no. 9], who was also on bail and whose appeal abated, stands discharged from bail bonds.

22. Criminal Appeal No. 1159 of 2006 is dismissed.