Case Note & Summary
The matter arose from a gruesome quadruple murder on 15.11.2006 in Dukkarwadi village, Belgaum district, Karnataka. The victims and the accused were closely related. The prosecution alleged that long-standing property disputes led to the murders. Deceased Basawwa was the wife of PW3 Ramaning; the other deceased were Goudappa (husband of deceased Gourawwa), Gourawwa (wife of Goudappa), and Irawwa (wife of PW1 Pondappa, the complainant). The accused included Shivanand Vishnu Gurav (accused no.1), Arjun @ Mallikarjun Patil (accused no.2), Sanjay Patil (accused no.3), and Kamalawwa (accused no.4). The families had divided 15 acres each, but accused bore grudge because Ramaning and Basawwa, initially issueless, later had a male child, thwarting the accused’s hopes of inheriting the property. Tensions escalated when accused removed sand from Ramaning’s land and a police complaint was lodged. On the day of incident, the victims were cutting and heaping paddy in Ramaning’s field. The accused, hiding in bushes, accosted them. Accused no.1, armed with an axe, attacked Basawwa and Goudappa on their necks, killing them instantly. Accused no.2, also with an axe, assaulted Gourawwa on her neck; she died on the spot. Accused no.4 restrained Irawwa while accused no.1 and no.2 chased her, and accused no.1 struck her with a chopper, causing fatal injuries. Accused no.3 allegedly abetted the crimes. FIR was registered on the statement of PW1 Pondappa. The trial court convicted accused no.1 and no.4 under Sections 302, 341 read with Section 114 IPC and sentenced accused no.1 to death and accused no.4 to life imprisonment. Aggrieved, the convicted accused filed an appeal, and the trial court made a reference under Section 366 CrPC for confirmation of the death sentence. The High Court heard the matters together. The judgment excerpt does not include the court’s final analysis or decision.
Issue of Consideration
1. Whether the death sentence awarded to accused No.1 is liable to be confirmed under the rarest of rare doctrine. 2. Whether the conviction of accused Nos. 1 and 4 under Sections 302, 114, 341 read with Section 34 IPC is sustainable. 3. Whether the testimony of eyewitnesses (PWs 1-3) who are relatives is credible and sufficient to establish guilt. 4. Whether the recovery of weapons and medical evidence corroborates the ocular evidence.
Law Points
- Section 302 IPC
- Section 114 IPC
- Section 341 IPC
- rarest of rare doctrine
- testimony of interested witnesses
- corroboration by medical evidence
- motive
- common intention under Section 34 IPC
- recovery of weapons under Section 27 Evidence Act
- circumstantial evidence
Case Details
2016 LawText (KAR) (09) 4
CRL.R.C. No.31/2012 c/w CRL.A. No.2549/2012
Hon'ble Mr. Justice H. Billappa, Hon'ble Mr. Justice K.N. Phaneendra
V.M. Banakar, Addl. SPP for State; A.G. Mulawadmath for Accused
Shivanand Vishnu Gurav and Kamalawwa w/o Ningappa Pawaskar
The State of Karnataka through Khanapur P.S.
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Nature of Litigation
Criminal reference for confirmation of death sentence and criminal appeal against conviction and sentence for quadruple murder.
Remedy Sought
In Crl.R.C. 31/2012, the State sought confirmation of death sentence awarded to accused no.1; in Crl.A. 2549/2012, accused nos. 1 and 4 sought setting aside of conviction and sentence.
Filing Reason
The trial court convicted the accused for murder of four persons and sentenced accused no.1 to death; thus mandatory reference under Section 366 Cr.P.C. and appeal by convicted accused.
Previous Decisions
Principal Sessions Judge, Belgaum, in S.C. No.66/2007, convicted accused nos. 1 and 4 and sentenced accused no.1 to death and accused no.4 to life imprisonment.
Issues
Whether the death sentence confirmed to accused no.1 meets the 'rarest of rare' standard?
Whether the prosecution proved the guilt of accused nos. 1 and 4 beyond reasonable doubt for offences under Sections 302, 341, 114 read with Section 34 IPC?
Whether the testimony of eyewitnesses (PWs 1-3) is credible despite being interested witnesses?
Whether the recovery of weapons and medical evidence corroborates the ocular evidence?
Whether the common intention under Section 34 IPC is established?
Judgment Excerpts
The case of the prosecution is that the accused persons 1 to 4 before the trial Court and witnesses P.Ws.1 to 3 as well as four deceased persons are relatives to each other.
Accused No.1-Shivanand Vishnu Gurav, who was armed with an axe, attacked Basawwa and Goudappa and assaulted on their neck with the axe and as a result, both Basawwa and Goudappa fell on the ground and died on the spot.
Accused No.2-Arjun assaulted Gouravva with an axe on her neck and she died due the injuries, on the spot.
Accused No.4-Kamalavva wrongfully restrained Irawwa and accused No.1 and 2 chased Irawwa, wife of P.W.1, and accused No.1 assaulted her with a chopper and caused severe injuries and she also died due to the injuries on the spot.
The PSI brought P.W.1-Pondappa to the police station and recorded his statement as per Ex.P.1 which is the primary document which set the criminal law into motion.
The prosecutor examined P.Ws.1 to 30 and got marked documents as per Exs.P.1 to P.41 and material objects M.Os.1 to 20.
Procedural History
Incident occurred on 15.11.2006 at Dukkarwadi village, Belgaum district. Khanapur Police registered Crime No.255/2006 under Sections 302, 341, 114 r/w 34 IPC based on statement of PW1 Pondappa. Investigation was completed and charge sheet filed. Trial was conducted by Principal Sessions Judge, Belgaum in S.C. No.66/2007. Accused nos. 2 and 3 died during trial; proceedings abated against them. On 09.01.2012, the trial court convicted accused nos. 1 and 4 and sentenced accused no.1 to death and accused no.4 to life imprisonment. The trial court submitted the records to the High Court for confirmation of death sentence under Section 366 Cr.P.C., registering Crl.R.C. No.31/2012. The convicted accused preferred Crl.A. No.2549/2012. The High Court heard both matters together on 20.08.2016 and pronounced judgment on 15.09.2016.
Acts & Sections
- Indian Penal Code, 1860: 302, 114, 341, 34
- Code of Criminal Procedure, 1973: 366, 374(2)
