Case Note & Summary
The two criminal appeals before the High Court of Karnataka arose from the same occurrence and challenged the judgment of conviction and order of sentence passed by the IV Additional Sessions Judge, Vijayapura, on 28.03.2017 in S.C. No. 73/2015. The trial court had found accused No. 1 (Kamanna @ Kama) and accused No. 4 (Somaling @ Soma) guilty of the offence under Section 302 read with Section 149 of the Indian Penal Code and sentenced them to life imprisonment and a fine of Rs. 30,000 each, with default simple imprisonment for six months. The prosecution case, as per the FIR registered on 20.09.2013, stemmed from a land dispute. The uncle of accused No. 1, Rudrappa, had purchased five acres of land in Sy. No. 298 of Kannur village from Malappa Barakade. Accused No. 1 pressured Malappa to return the land, which was opposed by the deceased Amasidda Barakade, who supported Malappa. Accused Nos. 1 and 2 threatened Amasidda for becoming a hurdle. Allegedly, on 18.09.2013, accused Nos. 1 to 4, along with accused No. 5, conspired at a Samudhaya Bhavan near the Maddi Maragamma temple to kill Amasidda. On 19.09.2013 at 5:00 p.m., when Amasidda was on his land, accused Nos. 1 and 4 along with accused Nos. 2 and 3 formed an unlawful assembly, dragged Amasidda, and while accused Nos. 2, 3, and 4 held his hands and legs, accused No. 1 assaulted him with an iron ‘jambe’ on his neck and stomach, causing his death. The complaint was filed by the deceased’s father Shankarappa. Investigation followed, including inquest, postmortem, and arrest of accused Nos. 1 to 4. The prosecution examined 25 witnesses and marked numerous documents and material objects. The trial court convicted accused Nos. 1 and 4, while the case against accused Nos. 2 and 3 was split up. On appeal, the appellants contended that the evidence against them was unreliable, as the eyewitnesses were interested, there were contradictions and omissions, and their presence at the scene was not consistently proved. The High Court reserved its judgment after hearing the parties, and the available text does not include the final decision or reasoning.
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 149 of the Indian Penal Code is sustainable based on the evidence on record, particularly the testimony of interested eyewitnesses and alleged contradictions.
Case Details
2024 LawText (KAR) (10) 28
Criminal Appeal No. 200133 of 2017 connected with Criminal Appeal No. 200113 of 2017
S. Sunil Dutt Yadav, Ramachandra D. Huddar
For appellants: Shivanand V. Pattanshetti, Nandkishore Bood; For respondent: Siddaling P. Patil, Addl. SPP
Somaling @ Soma S/o Pandit Shendage and Kamanna @ Kama S/o Shivappa Shendage
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 read with Section 149 IPC.
Remedy Sought
Appellants sought acquittal by setting aside the judgment of conviction and order of sentence dated 28.03.2017 passed by the IV Additional Sessions Judge, Vijayapura in S.C.No.73/2015.
Filing Reason
Conviction for murder following an alleged conspiracy and assault leading to death of Amasidda Barakade.
Previous Decisions
Trial court convicted accused No.1 and No.4 under Section 302 r/w 149 IPC and sentenced them to life imprisonment and fine.
Issues
Whether the prosecution evidence, particularly of interested eyewitnesses, is credible and sufficient to sustain the conviction under Section 302 read with Section 149 IPC.
Whether the trial court erred in appreciating the contradictions and omissions in the evidence of the prosecution witnesses.
Submissions/Arguments
The appellants argued that the prosecution relied on interested witnesses, hearsay evidence, and there were contradictions and omissions in the evidence; the presence of the accused at the scene was not consistently proved; the trial court failed to appreciate these discrepancies.
Judgment Excerpts
the accused No.1 was insisting the said Malappa Barakade to get back the said landed property
all the accused in a Samudhaya Bhavan of Maddi Maragamma temple... have conspired to kill the deceased Amasidda Barakade
accused No.1 by using the iron ‘jambe’ assaulted Amasidda on his neck, stomach and caused his murder
the learned trial Court has failed to consider the contradictions and omissions in the evidence led by the prosecution
Procedural History
FIR registered on 20.09.2013 at 00:30 hours for offences under Sections 302, 504 read with 34 IPC. Investigation led to charge sheet under Section 302 read with 149 IPC. Trial commenced in S.C. No. 73/2015 before IV Additional Sessions Judge, Vijayapura. Accused Nos. 1 and 4 convicted and sentenced on 28.03.2017. Criminal appeals filed under Section 374(2) CrPC before High Court. Appeals heard together and judgment reserved, pronounced on 01.10.2024.
Acts & Sections
- Indian Penal Code, 1860: 302, 149, 504, 34, 120-B
- Code of Criminal Procedure, 1973: 374(2)
