Sangappa Sanganabasappa M. & Ors vs State Of Karnataka And Ors

7) and Bheemappa (PW-4). She went home and complained about the incident to the deceased Irappa who chastised Sangappa. On 2.6.1995 at about 11.00 a.m. in the morning when Laxman (PW-15) was in his fields looking after the sheep, Sangappa went there and assaulted Laxman with a stick over the issue of being chastised by his father - Irappa. Laxman on returning from the fields informed about the incident to his father - Irappa. Both Irappa and his brother Kenchappa (the other deceased) rushed to the 4 garden land of Sangappa in order to enquire as to what transpired in the matter. That all the accused who were armed with deadly weapons questioned the propriety on the part of Irappa in coming to their place and making an inquiry about the incident of assault on his son. In the process Sangappa who was armed with jambiya inflicted injury on the abdomen of the deceased - Irappa and Yamanappa (A-2) inflicted injury over the head of the deceased with axe and in the meanwhile, the other accused Sangana Basappa (A-3), Rudrappa (A-5) and Smt. Bhagawwa (A-6) over powered the deceased - Kenchappa and assaulted him and at that point of time, Sangappa inflicted injury on the abdomen of deceased - Kenchappa. In the same process Pundalik (A-4) committed assault on Irappa and shouted that he should be finished. It is the case of the prosecution that even Pundalik, who was armed with axe, assaulted the deceased Irappa over his head. Basappa (PW-8) along with Siddappa (PW-9) and others tried to intervene in order to rescue the two deceased persons in vain as they were threatened by the accused with dire consequences. Basappa and Siddappa witnessed the 5 incident as they were following the two deceased having come to know of the fact that the two deceased persons were proceeding to the garden land of Sangappa to inquire about the incident of assault on Laxman (PW-15). The incident in question had occurred at about 2.00 p.m. afternoon on 2.6.1995 in the garden land of Sangappa. It is at a distance of about 10 kms. from the police station. That immediately after the incident the first information had been lodged by Basappa (PW-8) with the SHO, Nagappa (PW-14) at the Kolhar Police Station. FIR was registered at about 3.30 p.m. Out of the two injured persons, Irappa died on the spot while the injured Kenchappa succumbed to the injuries in the hospital. Ramappa (PW-13), sub-Inspector of police took up the further investigation. Inquest proceedings over the dead body of deceased - Irappa were held on 3.6.1995 and statements of PW-3, PW-4, PW-7, PW-9, PW-10 and PW-11 were recorded. M.Os 1 to 4 were seized. In the meanwhile, Investigation Officer received the intimation from the hospital about the death of injured Kenchappa and immediately proceeded to the hospital and held inquest over the body of the deceased - Kenchappa. The dead bodies of 6 the two deceased were subjected to the post-mortem examination.

7. The prosecution, in order to establish its case, had altogether examined 15 witnesses (PW-1 to PW-15) at the trial and placed on record Exhibits P-1 to P-17 and M.Os 1 to

13. For all the aforesaid reasons we uphold the conviction as well as sentence for the offence punishable under Section 302 read with Section 34 IPC.

14. The appeal is, accordingly, dismissed.