Karnataka High Court
Noushad @ Noushad Pasha vs State Of Karnataka By Kollegala Town Ps on 1 March, 2012
Author: Mohan Shantanagoudar
Bench: Mohan Shantanagoudar
IN THE HIGH COURT or KARNAT._AKA A-T'BANGALORE :; DATED THIS THE 1ST DAY"-o'F.MARcH. 231}! PRESENT: " " THE HON'BLE MR.JusTIcE..MoHA'N':§HANTANAG'o*UbAR "A13-_D ._ "ga*;e.&nxtRzea':?gzE_fi;;::2g2z;%;:.;-;.AW ggw. QRIMINAL APPEAL H .,'177 IN CRIMINAL Ai*5P 7 '3ii'fvi'Oa.a7%« K Bggwggnz 1. Noushad,@ _N.ou'sha.q 'P.as'h_a'-___ _ ' S/o Abdu"iA_R'ehrna_n' " Aged 30 years. . S R/o Anand Jyothiv Coiony Ko||eg;ai'Town. _ ' Anwa'r~".:@V Anwar Pa'3h._a....' S'/'oVSTubI'i":¥1':T Sharif V.A9.ed' a b0.qt~ yea rs R/ 0 Id gah Mo h Ko'I'!.eg'a| Tov»'-V'rj.:. 3.jShaki|' Ah'med S»/o S.A. Ahmed Jan ' ;AgAedT~-about 39 years T 'R/a -NQ$.1--347 Mallappapuram Koflegal Town. 4. Mubarak S/o Yejaj Pasha Aged about 29 years R/a No.498, Idgah Mohalla Kollegal Town. 5. Akram Pasha S/o Mohamed Ghouse Aged about 40 years Occ : Beedi Worker R/a No.1/65, Samanthgeri...,_ Kollegal Town. 6. Akram R @ Akram Pasha S/o Mohamed Riyaz ' Aged about 36 y_e.a.rs=-_ '4 g R/a NOI7/58A H E::;.._- 'V 'V 2:. ' ._ Idgah Mohalla' y. y Kollegal Town, ;f_ ' .. ..Appellants (By Sri Hashmath i'Pa_-vshaVA,.,Z\d.yo~cate) _* State of Karnataka .-- V By Koliegaia Town Police S't,atio"n Kollegal,.§Shamarajna.gar District. ..Respondent
Ramaiah, HCGP.,) Thegitfiiémivnaij'Afjpeal No.787/2007 is filed under Section .'u"s»...__.g374(2}. of Cr.P-.jC..P1' against the judgment dated 21.4.2007 passed by the Presiding Officer, Fast Track Court, Kollegal, in _V~.._s.C,No.138./99_ and S.C.No.213/99, convicting the ""-"appei[ants/accused Nos.1 to 5 and 29 for the offences pun_'i'shabi.e under Sections 143, 147, 148 of IPC and under , S'e.ctions..448 & 302 of IPC r/w. Section 149 of IPC and ' _sentencing them to undergo imprisonment for six months for S thenvo-ffence punishabie under Section 143 of IPC and further U pi . , .
-3- sentencing them to undergo R.I. for 3 years fo_r~'the:"~offe:nc.e punishable under Section 148 of IPC and" shall also pay fine} of Rs.500/-- and in default, shall ,ucndei=cgo._ "further imprisonment for a period of one month', Since the accus'e:_d~__"
are sentenced for aggravated offence under "SectE1o'ri' 1448, no sentence is imposed for the offence-v.p"u.nisha'ble u-nder 'Section 149 of IPC. The accused Nos.1 to 5 and 29 are sentenced to undergo R.I. for one year for theV.l-offer:-ce'-»c,punishable/under Section 448 of IPC and shall "also-'_ pa-y'fi'n_e,_ofyRs.500/-- each and I.D., shall undergo further?'imprisonmcerrit of one month and further sentencing accused'.Nos.'I'Ato~fj_5"' and 29 to undergo imprisonment-._for;_'life'f.or._l:'hle._ offence punishable under Section 302?_ of }IsPC gr/-w.?_Secti_on "1'49----Vof IPC and shall also pay a fine of' R32';O00/+._e_ac.hV and,_'I,D., payment of fine shall undergo fu_rth_er_=_ im"p'ri.so~n_m_ent for a period of three months. Alllvthe.se'ntenc,es shall run"-concurrently. IN CRIMINAL ApPEi;_IL_VNoV._I_7_'213_[_2__()_:;z Bggween : --
State of Karnataka V By Kollegala Circle _I'nspectdc=.rVo'f'. Police A ' W. ..Appel|ant Ramaiah, HCGP.,) An'g1:.= 'I
1. Sha beer "Ah-arriej'd . Beg S/oB'alshir Ahjamed Aged"~19 .\.,_/ears"
'Auto Dii.lve«_r, No.225 lg\"io..org Mohalla.
ii?-asha
-Q.-S/'op Yekbal Pasha l\_J ,Ag_e 25 years, Student "~._N'o.7--485, Edga Mohalla. . Fyaj Pasha S/o Yejab Pasha Age 33 years Plastic Seller D.No.7--498, Edga Mohalla . Nayaz @ Kuppi S/0 Shariff Aged about 21 years Gujari Seller, Edga Mohalla . Abdul Majeed S/o Abdul Rahim Age 20 years Scooter Mechanic R/a No.288 . Mohammed Pahi'r'r;*1!_'* g S/0 Shekhpharhaéék 'V ' Age 22 years Car Driver,y__VD.N.o'V§'22Q_' : , A Noor Mohalla"-.
. Mohammed P.hayaVz'Vf~,_ S/o Mohammed Eask "Saabfi Age 32 .years,"CycleV "Shop "
V No.1/75, Samanthageri, s:y¢ddiAis 5 _ 4' V 'V'g'"/6VSyedV'VQa90ar"':,~ A9928' Yéars.
Scooter M.e.cha,niic A . R/a V'akil"--VRa'rh'aiah Road am:e_er Beg 'S/'0 _Hy_d rbegh .'.j_.Ag.e 21 years Scooter Mechanic R'/a Noor Mohalla
10.
11.
12.
13.
14. Lamboo Fayaz @ Fayaz Pasha S/o Amar Pasha @ Dada Anwar Age 35 years, Gujari Seller No.7--350, Noor Mohalla Vajid @ Vajad Pasha S/o Bashir Saab Age 27 years Chicken Cleaner Noor Mohalla Nayeem @ Abdul Nayeem S/0 Abdul Kudus Age 28 years Chicken Cleaner Noor Mohalla.
Eliyaz @ Ell-yazé 1 S/o Anwar' Pasha Age 36..Y.ea"rs,"'Fish _Se.l_|"er_" "
N o . 7/3 0 5, "El.--.l§,|c)o r Moh auja Jinna @. Ja.kaul|a'Vf~,_ S/olate Blnna ' V Age .28 years, ' Bus}_Agent, R/a.._1A/173 Sacrnauthavggeri """ "
15} ,1 16...,"
a__ 3 n ~.S/'oblate 'Gaphar Shariff Age 27.ye"arsC, Karnataka Cycle Shop,"-S.N0.1/81 Samanthagerl.
A Vl<_ga.l'eem @ Kaleem Pasha gs/o' Peer Saab, Age 22 years 2 __Auto Driver, Jyothi Colony
17.
18.
19.
20.
21.
22. -6- Tibli @ Abdula @ Babu S/o Amir Beg, Age 18 years Auto Driver, Edga Mohalla Ajaruddin @ Ajaru S/o Mohiddin, Age 28 years Auto Driver, Christian Street. Rafiq Baig S/o Amir John Age 18 years Edga Mohalla Noushad @ Noushad P'a'::~.ha S/o Shaik Pheer ~ . 7 Age 34 yeas Scooter Mechanic, Noor Mohallag Noushad P'asha*_' ' .
S/o Ga_phgur'~S_a'ab;__ _ , A Age 35 years.jT_ ' Autor";_Driver, Edga Mohaila --
Mukram @"*M_u'i<ra'm F'_asha S/,oj.S.K,Basha,..22 years D;N'o.7_--/,7oi2, Auto'"Dri'ver . Eciga _Mohai'l'a,, ' S/_o Ahvmedt Khan Age 34gyea"rs Auto"Driver, Noor Mohalla " *Ma_nga'ia.
iidantj @ akbal Pasha Si/o Amir John, ""26 years,D.No.7/58A, auto Driver,
25.
26.
27.
28.
29. Edga Mohalla.
Mohammed Althaf, S/0 Late Shekhimdar, Kurubagari Street, Kondarabalu.
Sardar S/o Mankar, 24 years, Worker in Tea Shop, Noor Mohalla.
Naajim Khan, S/o Ibrahim Khan, 30 years, Municipality Member, R/o Noor Mohavii'ag.V,»,I'--
Babu @ » S/o Syed,__Jah'*iru"dd.i:n,_ , S|ipper'VVSe|V|ei-,,sVf, Dodda 'Masidhyi Althaf Pas'na,* V H S/o Abdul Jameer, 34 ye-arse, ' ~ V' .Watch and '\./,etena'i'I"'s'hop, .R'/'A.t.1,/_7OA--,_ t /' anian hg eri'. ». _ "_'_.
t Ajmal Basha~.,@ Ahmeer S/o "Am'eer"Amjaa, Q28 years} V' iisekari Worker, R,/_at",Noor Mohalla.
Vii.' Stfihahir Baig, "S/o Hyder Baig,18 years,
32.
33.
34.
35. 36;
Old Bag seller, R/at Noor Mohalla.
Jaheer Baig, S/o Hydar Baig, 22 years, Gunnyn Bag Seller, R/at Noor Mohalla. : ' Amanulla, S/o Masjid Saab, 38 years, v Gunny bag seller & Repairer, R/at Edga Mohalla. "
Abdul Vajid, S/o Gouse Peer, V 36 years, _ :_ Gass Welding 'worij<Ve_r_, ~ ' R/at Noor Moha-l'ia__.' ' Aslam As'la.nn§._Pas"iV1'a,_ S/O ShVe_kh-_E'>udatn;''t-., , 30 years, V Tea and Tender C'0cdnu»t,s'e|ler, R/atEdga Mohanag= "
I A. y ..... .. V _ .S/0, late Rafseeq Khan, bylears, Mo"t0_r" Wiri ng worker, Ay u--s,'n am E_»!.ect,ri Cal R/at S .T.. Road', \.A|| are' Mlgslim by Caste " --,and__R/at Kollegala Taluk, _ "'--'_K0_lle"gala town, . Charnarajanagar District.
.. Respondents V («.:E:3y'"Slri Hashmat Pasha, Advocate ) s9_ The Criminal Appeal No.1775/2007 is filed uncl.-er Section 378(1) & (3) against the judgment dated 21.4.,2,GQ7r._ in S.C.No.138 and 213/1999 on the file of the Pres.id'in'g_V.. Officer, Fast Track Court, Kollegal, acquitti_n"g"~fjthe" .;. respondents/accused No.6, 9 to 44 are acquitted."for._thel 3' offence punishable under Sections 143, 147, 14.8-,--.,4__48,"3,02, 120-B and 153 (B) r/w. Section 149yo'f-IPC -and "ac'cuse.dj, .. V No.35 & 36 are acquitted of the offences:.pgunishabl'e--.under Section 114 of IPC and accused No.43 'a.nd'v.44 are .,ac.qVuitt'e;d>_,v"'» under Section 109 of IPC.
These Criminal Appeals hav=i.ng_beeii--',_Rheard3 and reserved for judgment on,--10"' ,Feb.r'uary, 2012,~--.th.is day MOHAN SHANTANAGOUDAR, 3.,___"delivered"t«h_e.following :
Criminal4_,?1pp1e'ia__l filed by the convicted Sessions Case Nos.138/99,' and o'ri_:t'he'fi-lie of Fast Track Court, Kollegal, wh'e.rea_s," Appeal No.1775/2007 is _f.i~le,d b\_,_/"~:.t,he__lA'SVtate"'ag,a_i_nSt the judgment and order of acquittal».gp'a,s'se'c| the said Court in the very session "V..,.___cvases'agc'guitting_ the accused Nos.6, 9 to 28, 30 to 44. The case of the prosecution in brief is that :
accuhsedwin both the Sessions Cases formed themselves i"nto""an unlawful assembly with a common object of W -10- committing murder of the complainant-Mahade:va'f_a:n_d'.j'I" the deceased Lingaraja, apart from other offen.Ce:s.Van.d if prosecution of the common object}(bfisuch-,_as.s'embl.y,V,f they hatched criminal conspiracy-prior" 13.2.1999 and all the accused the shop of the deceased --Mahadeva by committing trespass, weapons like swords, intention to kill them the murder of the deceased him all over his body by using deadly 'weepons'~-lpossessed by the accused ,,'*:"'A/i\ii.le ;d.ecVegased"'w*a's sitting in his shop. When injutredfi to escape and ran towards the 1*"l'policeAs,tati_on':l's--id'e, he was assaulted by the accused ggaggaifnvvafter chasing him. Ultimately, he fell down wi,tfh'A,_m--u.létiple severe bleeding injuries in front of Surya if Ii-:lai*»d'ware Shop. Thereafter, the accused fled away ffxllffréom the scene with weapons by spreading in different X/x .1].
directions and in different vehicles. The immediately shifted to Government Hospital, declared dead.
3. Prior to the incidentyin qu'est'ion, "wa's" V tussle between the two drive rs/ owners with regard_._.to_ and rging of fares etc., One». of tihevlgjrgo.u--pfi:_is'&"o'FA:l':V'M"o.hammedan community P<?9«étlraev.i:l:§d:ilr;i1 of Nayaka community.p.e,o'ple:;'an quarrel did take place and drivers seem to have assaulted thelldrgidver of M_oha}i'nmedan community. Thus, Mo_'i3i:amVniedan""'«community people were having Nayaka community people. The Tit'»._..»Moham,medan'vlticoiimmunity people were of the opinion #he"_d"eceased and his brother (complainant-
"'*véMa'riadevua) were responsible for encouraging and "l'i:nci.t_i.rlg the Nayaka community people against the ll"'v.l"Mohammedan community people. It is relevant to note \(//
-p-
1. that the deceased and Mahadeva are belonging to Nayaka community and all the accused Mohammedan Community. With this background.dither incident in question has occurred.
4. The incident has occurred at'-about V on 13.2.1999. The complaint the brother of the deceased Police Station, Kollegal at.:about:"V3'.;3t7;.: came to be registered in the offences punmhabugundefseéagngias,'448,147,148,3o2r1w. Section "after investigation, laid the charge shleet_V'again'stV"4l4 accused. However, the AagaiiinsiaaccusediNo.7 was split up as he absconded. during the course of the trial and 'n"Shencelt'he c_ase.1'~aAgainst him is abated. The trial went on :'.a"ga"i'nst.accused Nos.1 to 6 and 9 to 44 in Session Case and 213/99 before the Fast Track Court, l -. _ Kanegai V'?
-13-
5. During the course of trial, the prosecution.'in:aoll'.j' examined 49 witnesses and got marked 84 e.x.h_Ai_b.its::.:ancd 3 C 34 material objects. On behalf of the defenicleg, were got marked. The Trial Court on":-nl/'aluatio%'nV':the material on record and on accused Nos.1 to 5 and offences punishable under and 302 r/w. Section the Trial Court acqu,itte.d_ufaachcuised and 30 to 44 of all the aforemventioned, the convicted accused S_v'aCn.d.:accused No.29 have filed Criminal Appeal No.787'/.2'OOT;7and;..'Vi/hereas, the State has filed Criminal Appeal '.aNo."'1g77§/2007 against the acquittal of accused 9~._to M28 and 30 to 44.
" Both the appeals are taken up for hearing C4°a.3j'ointly. Heard both the learned advocates appearing on -14- behalf of the accused and lea'i*lnV'ed_ Add-l.iSPP for the State.
8. Sri Hasmath Pasha,i7lgea"rgnegd;, A'd§/ofica,t_e appearing on behalf of the appevllants'*taskfing~us the entire material on recowrld, §fi1'io_.re.v:pai'tiVcul.ari.y';thedepositions of the eye witnesseVs'::-sagbmlitsdthatthe xeywidence of PW43 is of no use avsi"he_dioes*§not"--ngame a~ny*of the accused. He has simp|3}.._ "accused running away from the scene; Police Station along with l4?_\/V11 others" informs the police even prior to complaint Ex.P18 by PW11; such infolrm'a't_iyon":v':suxpp.llVied by PW 32 is the first information wand the-. said -information is not forthcoming from the PW32 identifies accused Nos.1, 21, 22 and 23; PW5 implicates accused Nos.4 and 23 splegcifiically and two others (names not mentioned); t':fA..l_3u_y'i/14 implicates accused Nos.2, 4, 23 and 24 by name. However, he has not supported the case of the i/"
-15-
prosecution in respect of the sei;>:I.i__re panlchanarnaagg; implicates accused Nos.2, 3, and PW24 are brothers inter':se_; not support the circumstance relatingitto 5.e'i'ZAuv'r'e'_'_.of material objects; though came to the scene of offence versions are conflicting .withTg"e'ac':rii;:,;sothergl Ath'e-wi'fiaterial relating to conspiracyV7--an'd' Insltigfaitionfva'is:funbelievable, inasmuch as PWs.16 and=17 %tho.ugh'.dep_o'se'd about the presence of some of the accused'TinA"thVe°Vso-called meeting at Idgah I-75/lVEli'd-an;'va----.t{'Fl€:iar V-ersion's""ca'nnot be relied upon, inasmuch as"'n_o'thT_ii1g:'coin'esVout from their evidence which shows '"<._,g_'.that the"'laccu'se_d..a:'conspired to do away with the life of " the dec'e_ased~. _ T'l"i*F_.j learned Counsel further submits that PWs.16 "'1:7"l<'new the deceased and PW11, but they did not if about the conspiracy to anybody, much less to f"f"l:'i'i'e deceased or the police; another nearer road was a //K) l/ -16- available for PWs.16 and 17 to passathr'ou" h'~a'r'id"
was no reason for them to pass through heg;dese~rte:.d byelane which was not being by"
none of the accused wvhoux alleigedlvly"coxnspirevd the socalled meeting with dire consequences, there wasifnoi' for"'PWs.16 and 17 to inform PW§'1_1 to the Police Station. Hence.Vth.e:j_:presence' and 17 at the time of so do'ubtful and their version is totally artificial. ' Efurt_herA"a«rg_l_J.ed by him that the scene of o'fferce"..pa--ncha..n'avma Ex.P1 discloses that the offence has H the shop and not in front of Surgg ...,,,,,__,Prabha.__Hardwa;re Shop. However, the sketch Ex.P thatvithe body of the victim had fallen in front of shop; the incident has occurred at Kollegal Townjnliwhich the Court as well as the Police Station is ::.it'u'a'tled; the Police Station, Court and the home office A i' 7 _17_ of the Magistrate are within the dista'ncej_"of:'about and they are situated in the vsgame'-.. V therefore there was no reason wfih'a'tsoVever"forireafching the first information belate_d:i~y_, theF"IR has reached the Magistrate afte;r;:'_thre._eT ihciurvhg.',jQVf_'.'iodging the complaint; PW24." dé. osed eye witness PW11 came to_t-h'e;_s?p_ot af tghe-gdeceased fell down on the spot andy__Vco'i1s:eds.;!::enltlyw the eye witness to the incident;xVF5'iil.(3_(j'Viha«s_T"d.eposed that PW1 went to Shringar Hotel for 'ta.l<i'n'g which is a far off lace and hence thetp_Vrevsence;otl?W11 at the scene of of ence at..&theV..ti_mve'~ of iV'n'ciVde_n_t_ is doubtful; the Doctor who examineid tvhe.ai~n:j'u,red for the first time immediately after the lin_c'id_e1n"t' :"i'g.'.,V_no:t""examined and the information which litntwas su-ppli;__ed,fto the doctor at the time of such "-«3--Ti;'e'x__amAginationfof the injured is not brought on record; the eye witness to the incident, but is a post occurrence witness; even according to the case of V5 "lg-
the prosecution, PW11 was also a t=arget«A.an'd_.'h.e'nc'efh.§ would not have been spared if»;'re_ally'P\_/'V'11 were on the scene of offence; the con'du_c'%t of 'belies his version relating to his preise-nce_"9fon'VAt-heylscene, inasmuch as he did not attempt to savehis1bro.-thvevAr.j'V_~h_y.. taking the help of third parties';«.T__l_'-- 3; It is further'»su'1.;_mitvtedfl*t.hat«' the complaint Ex.P18 has come into deieppideliberation; PW11 himself does of the scribe; the first information as4'wellaalsjifyth:_e'-.._i_ri'q'.uest contains only three names ofthe alccuvsevd'i.é'l,till the inquest is completed, ;t'h'e«..narn_eis the accused' were not known; the names of the 'e.ye--~.wivt.n'esse's-._are also not mentioned in the first vinform.at-ion;'t.h~eVA'uI=sVtatements of the eye witnesses are recorded "the police only on 14.02.1999 and though the incident has occurred on no test identification parade was held; the i:d'ent--ification of the accused is done first time in the \///A3 -19- Court and therefore it is improp,e'rA"to««_c'ony4i'cft;'._suchr identified accused; with regard to'°'«t_h:e_f"recfov.ery,A. recovery panchas have turnedhjvostilefthe' .po-!:ic'eTriave shown the seized materialto th;e--------witn'e~s_ses' and sealed; some of the witnesses ha"ve";depois'e:d'"'tha;tl-the weapons were on the spot and wh~er'e.a's Vso;meé."of;'"'t1he witnesses have deposed thatthe.ac<;used,:tooi<.jawayrweapons. He further submits' i-r;yie'st_ig'ati_on_'is full of doubt; the originals'.of'~:c'h;Cemi_ca.l';VaVriai'yst.rreport Ex.P83 and sereologist} are not produced and marked beforegthe xerox copies of the same areflmarkefd'; ..Sereologist and the Chemical Analyst before the Court in support of the %V.Are.'ports; the sereologist report Ex.P84 x"'"pertains..__to ANos.1 to 14; item Nos.17 to 26 are all "--f«f.-Ti;wea»pons, No.21 is the knife; but no sereologist {'--'.V.V'r'epo_;rt_;is";.'forthcoming in respect of item Nos.17 to 26; h xerox copies of the reports are not admissible in §//% evidence; Ex.P84 is not put'V_to__the».accus'edl§yunder% Section 313 Cr.P.C; therefore, have opportunity to explain th._ef;--maiterial..,_r'Qiu'n,d in Ex.P84; there was no evidence of these accused were inivolliigehd in earlier :iVri:civvd.e.n'ts personally, whereas the miojtiviéi_,aV'lV'l'e'ged'5iflS.ut'he.--cVlAa§shbetween the two communityiipeo'plief.._ _ «_ He fu.rth_e*r ,p'oints'lou~t,V*th_at- PW11 admits that he knows the nam_es oi'accused,_N.os.4, 6 and 29 by name, but these narn-esvvare__ not'«.rnentioned in the complaint "EO..._h.l,lTl, presumptions drawn and the conc!u's~io,ns:_arrived__at by the Trial Court while convicting the"a~pp--eilla'nts;~.he,'re.in are not just and proper. For all these aliinonig other grounds, he prays for allowing the f_iled"by the convicted accused. Sri Sampangi Ramaiah, learned Addl.SPP _o_ppos:ing the submissions of Sri Hashmat Pasha, submits appeal filed by the convicted accused needs to /K R -71- be dismissed and whereas, the appeal filled} ':t~h'e- deserves to be allowed. He further 'states *P'W'----.,5'~~., ' specifically implicates accused No-vsVI4,and that they assaulted the deceaSed"'vl"i_fh'W9" F«C'Cl'SA; 'PjW"11 has deposed as against 3, 4, 6 and 29; PW--14 has deposed t:he'vpresen*c_e' of gaccused Nos.2, 3, 23 and 25 in €o.f£pe_f.ple"'w'l"i'o came to the scene of offence a_4n,d--v.~a:ssaul.te'dthe d,_r:eased though no specific ove--rt.v,.a,ct~s'are:..attrib:uted...against each of them; PW--15 also id.entivfiVesfi-..a'ccu's_ed«. ms.2, 3, 4, 6 and 29 as the persons '*presVen't_"i'n,' »t:h'e.4'group and assaulted the victim; the Trial though is justified in convicting 5 andH29, is not justified in acquitting other a.icc,uséfd.,V"inasmuch as, their presence is also found a gAro_upv_,of'_people who assaulted the deceased; it is "~iTi,»~i14«ot--possibie__for identifying all the accused, inasmuch as, t.grié.'j"n.c'i,d:",ent has occurred in a melee, particularly when ' accused are from different community and that there '/3 was no friendship or relationship be_twle'en':.i_:'the prosecution witnesses and the accusledc On.__"the_s'e'h among other grounds, he prays for :a.l__lo'w_ing filed by the State and for dismissvalilioef the ia.ppe_"a_:l the convicted accused.
10. PW--1 is._the scene of offence Danchan3VFh"§l»i:i:'EX:f7f1%,. the mahazar witness for and P--3 under which knivfe"V'an:'dv ldfigVi"'g T:'svvord«'._""('lVl:.O. Nos.4 and 5 respectivellv) behest of accused Nos.2 and 3 re's.pevcti:vvelAy.,_" relevant to note that the vreceoveryi, _M..O;l\l.Q_,_6.rv~knife is made under the pa.nch;a--n_amva=.pE§§';*P_f4, to which PW-1 is one of the pan1cha'l..--.__«iHo'wev'Ver'}" he has not disclosed from whose possession i--i\4'.©<i"'No.6 knife was recovered. iP_VV'--;2 is a mahazar witness for panchanamas ffliiiiii.E>f<3s.P§;5, P--6, P--7, P-8 and P-9. Ex.P--5 is inquest ifi panchanama. Exs.P--6 to P--9 are pa"nchan.ai~na-s to recovery of shirts of accused 4, and; (M.O.Nos.7 to 10 respectively). PW--3 Shantharagu"4--.zi5_A§iou"rirjer"-Brother of the deceased. He came 0 the s.cve.ne__of_»_offence after hearing the news._*H_e wa"s""no;t .priesxen't the time of incident. He is_a"heafrsayvwi_t'ness,,«- if; PW--4_'v i<'_.Go}/ind.a'rajvu«..:'_'visavxnfiahazar witness for Ex.P--1O unvcier*--wVhi-cVh':th.e'"c:i:oth~es of the deceased were seized.
.i:Yi'.«--!\/iahadeva is an eye witness to the incide_n't.__in"*'rJ_uesVt'ivo'n. He has deposed that accused ki\ios.4 and 23' were in the group of about 40 accused on day iatlthe time of the incident. He is aiso the ._-,:"=«rna'h--azar'f.~'witness for seizure of shirts of accused Nos.4 and 'ES under panchanamas of Exs.P--7 and P-8 respectively. However, he has not supported the case of -24- the prosecution with regard to seizure of shirts panchanama Exs.P--7 and P--8.
PW-6 is the mahazar witn-ess for"
and P-13. The weapons were of accused Nos.1 and 2 is the mahazar for by the accused at the The autoricl<sha.w....w'as:'"sleizedi-frorn' :the_t::custody of accused No.1.
PW,-7. is mahazar witness for the seizure if:><s:fP:_14, and 16. Under Ex.P--14 an autorlicksha'w=._i_s5jse'ized from the custody of accused l\io.2. A"~--sw--._ordv:and the knife respectively are seized at accused Nos.17 and 20 respectively under E'X's.'PjV_1'S:and P-16. PW--7 has turned hostile. PW-8 is another mahazar witness for Exs.P--14, " P-15 and P-16. He has turned nos/tile. PW-9 is a mahazar witness 'sei'zci're"' autorickshaw from the custody.*of__ accL:s_e'd Ne;2~8. Ex.P--17. He has turned hostile.
PW--1O -- Thammaiah'is'a'no§th'er:'n1jah"'azar witness along with PW--9 forseizure"'pa"ncha':'nanfi'.a._"E';{iP--17 under which autorikshaw from the custody of accds.ed---lil;o.i"8': also turned hostile. PW--1i.|\9lahVade\i<a~.i_s~.th-eibrother of the deceased. He lodged the--..covmVpl.air:.t"as?'per Ex.P--18 on the date of thea incVid5envtl;' He 'isV.a__r_1_eye witness to the incident in " irswlord (M . (LN qu_esti'on_. .,l-le-,is~--.a|so pancha for panchanama Ex.P--1 (science of coi*ferii.ce..g_p"anchanama). PW'--1i':.is mahazar witness for recovery of long o.22) at the behest of accused No.3 under '._'_"o_a'richVan'a.ma Ex.P-19. Exs.P--1O and 21 are the l' coiritradictions marked during the course of his evidence. ,r'''''\.
_,w "'7 r"
-25-
PW--13 is a mahazar witness for recovery weapons under panchanama Ex.P-24. However,..~«he_é'h'_a's.i not deposed that the said weapon is ._a 1 particular accused.
PW-14 is an eye witness a mahazar witness for seizure at the behest of accused No.19 under The shirt of accused Ex.P--26 panchanama.
PW-- is the incident.
PWA--_1_V6 isithye vp.e--rsAo.nV"who has deposed about the him, accused Nos.35 and 36 address-ed VVof,:'fthe accused prior to the incident in qL_iestio'n_ Maidan. Accused Nos.35 and 36 ""in'st»'i'g.ated other accused to commit the crime. VPW-17 is also another witness for conspiracy, but ill' A turned hostile.
D/'\.
,> PW--18 is the phot'ogr'3ap%fi'e'.r"~-._':w:ho_ took the ggotographs of different vobjhecsts' oef'V"i:4i.',*C5.Nos.29 to PWs--19, veye'gwitnesses, but they have turn,eomi'hos5tiV|eRiconfi'pV.i'eteiy%to the case of the prosecution}. V PW-22 "is *a rna'hazei'rj. witness for recovery of a_nother_gautoriciksheiwi from the custody of accused :.i\'io:3_1 u'vcn'de,r-.panchan'a'm'aV Ex.P-27. _ . 'PW--2_3V.is_the mahazar witness for the scene of off'e_n Ce pa n'c._hia.n'a_rria Ex . P-- 1. '~PW:«2Zi«"_Sha;n't.haraju is an eye witness to the in::ident'=-in q°ues*tion.
PWs~.2St. and 26 are the eye witnesses to the *_'_'*incident,'-, but have turned hostile to the case of A28"
prosecution. Exs.P~38 & 39 are:
marked during the course of their evidence. T _ 1 PW--27 is a hearsay witnes.sv°a_nd h'is__ev_i Ve_n'c.e'*is» of no use to decide the matter.
PW--28 is another turned hostiie. Ex.P--4O co_ntrad'ict4io'n'.j_'m,éi_r'i<ed during the course of his "Z it ' PW-2'9 is tih4e'».~vmairiVazar'witness for recovery of long sword fromiiaccuse-d_'Nfo,_18__:'uin4d~er the mahazar Ex.P--41. The shirt of accused' also recovered under the mahazar;E><.P--42.V-. ' eye witness to the incident. He has vpartiiys.u.ppvorte:d case of the prosecution. Ex.P--43 is the contiraydictioin marked.
is the mahazar witness for seizure of " anothjer autorickshaw under the mahazar Ex.P-44. . 7' \) rw V PW--32 is an eye witness?to___ the"Ainciden.t"ia_n'd_.has supported the case of the prosectjl'tV!.ori in pVa'i=t.:"
PWs.33, 34, 35, the eye witnesses to the inc'i'd_ent,fblutiithveyjihaveturned hostile. Exs.P-47 to _.P.--§'5y'l .coii:t'raudi'c§tions marked respectively while 'Treicording"t.heir"'de'position. PW--39"l'*ias._iAt'he 'H.;ead*--_Const'ab!e who watched the dead body and"p3.rAtic,ipp'aoted' during the course of investigationfa' ' PW--_4O is"'~ theV'vdoc_to'r": who conducted the ost mortemégonythe "dead body of the deceased. ost at VE${'.'P--22. The opinion of the said weapons used while committing the V""~*"offence»._is at El_x§.Pi54.
"Pv\I_s.4l'$1, 42, 46 and 48 are the Police Constables wh__o"'pa'rti'cipated in the investigation at different levels. l/i
--30~ PWs.43 and 44 are the eye-,wfi_'tin:esse.s"' incident in question. They havefisupplorted. _tl'ie'Ac_a«s.e,,of i the prosecution.
PW--45 is the autori.c'l<.g'haWi Q)w,n;er"ivv&hiCh is said to have been used during the cou'rseV,:of::tih.e».,incident. The said autorickshawv is'se_izeg:l'V"uVn'dVer,:'lVl;fO,_. PW-47 is thegl';?;ufii"oi~ wh'o drew the sketch of scene H is t.hevsketch pertaining to the shop oftheé.deceasiedllwherein the incident took place initially. VEVx.P-S5V_'i's.th.eiAs_l<e't'ch relating to the portion of ,t'h'e._roavdj""twh.ere.in thte""----'~i--c«tim fell down after running from shop distance.
i"'.P\J'y'--,4'9:"'~is_ t,iie" Investigating Officer who laid the klcharge 's__heet'aft'er completion of the investigation. As aforementioned, PWs.5, 11, 14, 15, 19, 24, 43 and 44 are the eye witnesses to the incident "V"-.._i"n.VVVHguestion who have supported the case of the \/5 -31- prosecution. Each of these eye witnesses ha've"d:evp'osed only about certain of the accused and their comp|:i'ci'tvf:..g the incident in question.
12. Sri Hashmat Pasha, leialrlneitjé c"o~unselé'a'pp'e:aring on behalf of the accused that the deceased Lingarajul: Even otherwise, we -fi_n'd:.._a_:_rlv._pg'-ro:u_nd_ disagree with the conclusion- re'a,c'nfed_ that the death of deceased wa'sn,al°hom'icidal'"death. The Medical Officer who conducted. tlhe "jpost'«-._':,V"niortem examination has examined'~as post mortem report is at EX?'-52".*~ V' Trie "l'medical""eévidence on record reveals that the ,_'_.d"ec_e'ased"ha.d"--sustained totally 31 injuries on the lat'ig.»body.wh'ich ante mortem in nature. The doctor has It-.._,Q4iJlned cause of death was due to shock and 4:g.he..rfnorrhage as a result of multiple incise wounds and tofright lung and left side large vessels. Hence, a clear case of homicidal death.
W
13. PW--11 is the brother o'f'...tV:"r:e dece.@V,Se.d.=. and the deceased are running _the:.."ab-usinyessit'of-Ave'nding bananas jointly. bananans from nearby plantatiQ_n used to sell the banana.s§'~».sitt_iéng shop was ii2a;.§.eet%hE"2xs3 used to beaopen 'fr'orny_'7.y0Q_a.,Vrn._ to 8.00 p.m. In front of their shop, situated and in the said complex, sho alre.,exi's_tiVn"'V. About 140 to 150 feet away from,.,t e "shop or t e deceased, Suryaprabha :'rl.arVdw_air"e. situated. On the date of the incident as PW--11 felt hungry, he went to nearby Sh.Vi9?i'i1g:ar Hotel for taking food. At that point time, xtheltplaintain shop was being looked after by the «:=.vde.c'easle'cl. "'PW--11 came out of the Shringar hotel at a--boutV.3._,(3O p.m. When he came near the shop of the . -delceafised, he saw 35 to 40 persons in a group. Out of yd' -33- them, 15 members trespassed into t.h.ég.fivs4h.o':p..' deceased and started assaulting'd4ecea'sed" LingVa'ra3'u'_witi'h chopper and other deadly weapyons'. _The*-deczeased in order to escape, ran away"'~tow'a.rdsvi" Station side. All such 35 to 40 persons assaulted Lingaraju. By t~h'e««._tfime::A_ tl:.efdecea's.e_dtj'r'eached near Suryaprabha HaVrdwaire._ shop,' he, cg-ollapsed because of the injuries. PW.-V1i.1V:grie'd'_fo'E:.hel:'p;' however, the accused ran away ::from_AlAti5.'eV cl_if_ferent groups either in cars or in autor'icksh.awL'alo'n_g"with the weapons. PWs.3, 7 and another 4p'erson?by"-name Krishna were along with 1'-éftici-at point"of""ti'me. PW--11 has deposed that all the present in the Court were in the ll-.....vsaid group aAn'd?'i.tti;ey were holding knife, chopper, sword Itis further deposed by PW--11 that the deceased assaulted mercilessly on various parts of the body. tl' ' t' -' - h' r PW--11 h r
-dreupocggd ?ii(aat"$'§cau§%r3i 'i\rlo§.f 2 and 3 hav§%s§§i?i%E'ciC?h lly e \//2 -34- deceased with chopper and long sword etc., Accused No.29 also assaulted the deceased with However, he did not know about the names"A«o'f H accused. He identified the material"obljectsa_M-;.@l,Nos.4,' 5, 6, 17, 18, 19, 21, 22, 23, 24,. _andV42.6:"'as the..we'apoVns'"»Vit used by the accused. He even*:deposed.V_that alllwllthe accused have used such vi':fi\_(_'~,I'»,'V--_l"1"l1_hasuAdeposed about the motive also He has stated the incident, there was drivers.
The said -one Mr. Anand and a Mohammedan"sboy_. of time, deceased had _p~a.cified»*'t.he_:qiJ_varre'l"--ar1.Cl__.advised them. Even PW--11 also ad-vised'~.the'«aforementioned two persons. On the but'--._,Vprevious'Adate.l'V'.?(3_f..a:'the incident, some boys belonging to
--.%_l.i'_j3.'\l,_a'y.,aka '~_co.mmunity assaulted a Mohammedan boy. In that regard, the Mohammedan people were of the opinion that the deceased \/5 -35- and PW--1 are the persons who are biehi-n.d and therefore they wanted to take re;ven_ge.; ' Though PW--11 is subject'e'id:_"to_ seVa~rc'hi.n'g examination, nothing is asV,it'o_dishelAieAiie his version in respect of the actual accused Nos.1, 2 and 3 specifically alleged that 'M.O.No.5--sword, Accused No~;2-. M...O".jVNo.19--chopper and the knife accused No.1 at the time of assau'l*t_.'_4 " against accused Nos.4 and 29_.3iso, He' stated in the cross--examination the Vsriifingaglg hotvellito which PW-11 had visited for talong.._tiVffinTfan'dVfcoffee is just about 2 to 3 minutes by "walk and th.a~t'_h.elV.saw the incident while he was coming to hi"s.__shop. Even in the cross examination, he has stated:»ltl'i_«at 15 members had trespassed into the shop assaulted the deceased and while the deceased was W -36- running away from the shop for savinghis life,.'1;a:ccuse--d'"« if chased him and assaulted. further that, at the time of lodging ogfi-"thewcVo»mplaintv,.. has specifically mentioned that theg.names of only three persons i.e., _a'ccused"t,o._3 'that he does not know the names«.g.Vo'f other accused; the next date of the incident;"thge_p.o--l:'iVce tog5 persons in the police stati_o.n...a'n'd"'alslge_d 'to_id_e:htify as to whether those persons-. welrlersa-!.s:o in the group or not and after seeinght'hose_'Dérso:néiifilll/I11 had identified those 4 to 5 per;;ons.were' the group. He has specifically lV':1e.__l<newWaccused Nos.4 and 29 even prior to the was knowing their names also and x"""there was no Zhiiurdle or problem for him to mention the 'r-«'.j'i,»jna_Vri'iesof and 29 also along with accused Nos.1 to 3 intlthe 'com plaint.
*--:14{ From the aforementioned evidence of PW--11, it:'isi*clVlear that the complaint lodged by him as per Ex.P-- \:\//W -37- 18 reveals the names of three_,:vg4"accused.__v'iz,',v-.:a':cc'use'd Nos.1 to 3 and he has not me_nVt'i'vo_n'ed the'~n_amfes of accused Nos.4 and 29. 'Fhougli ll;Ti'./t..fl;l"f\a:'».,?fl/'lC_j€l'lC€ PW--11 has deposed about the actual'assault__Aby}acc,used Nos.4 and 29 also alonqjwith 3, he has admitted that nia-me~.s of accused Nos.4 and 29 even prior_Vto-Vth-e1'i_nvcidentA"a'ii-dlLtheiiie was no hurdle for him to mentionAthew..n_'a«mes_""of_ accused Nos.4 and 29 in the complaiint. * %
15. PW424 is ano't,h'er_"..'eye witness to the incident. He knew§gde'cease'd'and ,F'W--11. He is doing wholesale Zlbusviiness ofrQeg4et_ables. At about 2.30 p.m., he went to Geeta for collecting sale consideration of "''the veig-etab;ies,3A.7sold by him to the said hotel. When he out of. the said hotel, he saw the group of 30 to 40 armed with deadly weapons like chopper, 'cl.ubs,f knife, své/ord erto, coming from Kurubagere side. Qucof such 3 to members, a group of 10 to 15 \/5 -38- members rushed inside the telling "sale ko maro", started the_:decJeased mercilessly. The decease"df'carnes.:_out"w--ot.:thge shop after sustaining injuries to of the accused also chas.:ed:5hi'_ri*'..andalssalulted;'""'Ultimately, the deceased fell ;-dow__n~~..v-and 4.__c__ollap'sed' near Suryaprabha Hardware shop_Van_d:. there_afL;er,'*--theg accused ran away from the s.c*e~nve..:j.PW3324 de'pos'ed that PW-11 was also seeing: the iVnci~dfje.n't»s,ljy.:_:stai1'ding in front of Janata clinic along with other_ He has also seen PWs.7, 13 and one M'riAi'.l<a*r and' others near the scene of :.(D'lCf(3VFlC€,_':g4\i3'slhq. have "a'iso..__witnessed the incident. PW-24 has iajlsou delposed-,about the motive as deposed by PW-
11. specifically identifies accused Nos.1, '2,_ 3, 4}"'~--29v~_.':ai:d" 44 in the said group of assailants and he didwnot know the names of other accused. He 2*.'h-aVs'Vl.AAadgrn".:'tted that at the time of giving his statement the police, he had made enquiries about the W assailants and such names wer>e.,_stat"e.d*by hgirnbeforjie the police. He identifies the acculsexd' on the the avocation the accused the autorickshaw driver, vegeta'b_lef*'lVyenyd:o'i-,1.motor cycle driver, fruit Vendor' L-gleialso PW--11 in a jeep for the hospital from the scene of the'*in«c,i,den;t:.i¢g:_; flflurthver deposed that the blood hadVlfall'e"n as well as at the spot wherein theAdeuceaseduh.a"d:'::_"fa4llen. He further deposed marks near the shop to V' Tghouglhfg i?\'i'./_,_--V24 was subjected to lengthy cross- not find any ground to discard his A°'vevidenc'e- presence in the scene of offence is "*'l.--5i."na__tural, inasmuch as, he is the wholesale merchant of .._t'he,vegetables and he had been to the hotel for c.ojl_.le'cti'ng: the sale consideration pertaining to the T y.,e'g'e'tlables supplied by him. In the cross-examination, scene. He has also deposed about the motive rela'cing_.t_o the incident in question. Even according to him, belonging to Mohammedan community M opinion that the deceased and PW¥1w1'"wei'«te cause for the tussle between NayakaV4'co'rnmurl.l.t'?/.','Deo;j--g._,é~..,,V"
and Mohammedan community in the cross-examination inlvthevshop for maintaining theA,vegetab_l,e_ thought of informing it
17. about 2.30 p.m., he was com.ing_ Street. At that point of time he saw Vthe_j§-.nju_redlVdeceased had fallen on the ..g'Vrou.ndi-'....a:nq..-:henwas"a's'saulted by knife, chopper, club etc'.,__ _l_=le- 4VaVrl..l.:_1.;he accused running away from the x""V'scene.AHg~~fi;;j'5Aldenied the suggestion in the cross- ,,fi;'é;4a'mingatio'nZthat he did not come to the village at all on th.at"A,day*Aand he did not see the accused running away i frori'i"the scene. However, he has admitted in the cross- .\//\ -43- examination that he has seen the accused on the the incident for the first time.
18. PW--5 is another eye witness totfheaincld-elriff-eiu,_n«2;e question. His evidence reveals'i'th..axt at-about when he was coming along and Paramesh, he saw assaulting the deceased witvhliron :r'ods.:::; the said accused the accused before theVvTr'i'a!.uC:o.urtigzg 4'It"*ijs&V'*iF:Vurthersdeposed by him that accused police station on the next date of ir'.ciVd--ent_sa'ri'id the police called PW-5 to :-ifde'n.tifyC.j"those'»twox"ac'C'used and he identified. He is treatédg. ho " e p rose c u ti o n.
In'.u"the"v.cro'ss--examination by the Public Prosecutor, 'has admitted that accused Nos.1, 4, 5 and 11 _ha:\/ellgproduced the shirts worn by them at the time of V'V"ii..,i'4_n.cident and they were seized under Exs.P--6, P--7, P--8 \\ -45- from the shop to save his life. But, such 15 persons who were armed with weapons chased assaulted him on the road, consequently, thefld-eceiased% ' T collapsed near Suryaprabha 3 identified accused Nos.2, 4, 23_an_d 24'-as-the gpersoris it the group of 15 persons. He f'u'l'rth_er_Vstates':thatfisince seven years have alreadymelapise~_d.,"notalole to specify other accused. he also went to the 14 and 15, along with. was lodged by Mahadevu,i1._th'e' 'the deceased. Though he tried to dexpose. a¢hou't_vthe?'seizure of certain weapons, :_ri"i's..,_evid_é:g¢¢: is not"be.l.i.evable, inasmuch as, he is not 'seizure aspect. He has withstood in Cros_s--exa.m:i1.[_iation. Though suggestions are made to that hegiwas not an eye witness to the incident and he came to the spot only after the incident, such 'su.g.g.estions are denied by him. The evidence of PW--14 \/S -46- C ' V is natural and reliable. He had' -c__ome'Ko_ut of,hisV..h_ousje 'V since he wanted to raise some lov"an"iand for._raris:ing,such loan, he had come near Geeta Bh_a_v_an 'restaurant.
21. PW--19 is oneV_rnorel__'Vleye~..V'w.i'Vtvness to the incident. His evid'eii~ce'is the evidence of PW--14. He§.ria's._'al.!_sc_ dejp'o's.ed--.."th'atV_1O to 15 persons from the goroiJPux0'_l5' were armed with weapons like knivvesn-chiop'pe'r~,.. sword etc., Such armed people ente'red.the s'hop_'o.f't.h'e~ deceased and assaulted him mercilessly}; vsomve pr the persons were uttering the words /ro chod.na.l<o re". He has further deposed that' th'e.Vd-e4cease'd.__tried to rescue himself by running away.fr~o.m""hi_s--__shop. However, he was assaulted and _-.___;was done tQ.dea.th near Suryaprabha Hardware shop. He .._A'_:«.e_id_e.r_itified ~ac'cused Nos.1, 3, 4, 6 and 29 as the persons nwere in the group of 10 to 15 armed persons. he has not specified the names of other acicusled. PW--19 has further named the eye witnesses to \\V m...¢..._....,-.......;__ .r,7_~,a.; 7.: ,,.: , -47- the incident and such eye witnesses are examined by the prosecution before the Court. The evidence 19 discloses about the motive to the inc'-i'.d'erijt.V.:V'in'i M question. The evidence of PW~19 isiinw the case of the prosecution. >..l\lothi4rig:"is fou:n;d:"i~n"
cross-examination so as to disb'eils»i.:ev'e' his"
the cross--examination, lie""':reit.era.te:s«.__t.ha.tthevlfiaccused must have assaulted 30 deceased.
and the first i shop of the deceased.
22. P\Ns.«3O more eye witnesses to the incident 'have beerfexamined before the Court. 'Tihieir'e'\,--.;2le5nce"l'i..s aisaon' par with the evidence of other eyei'---%Vfrel.ating to the incident in question. V'1"V'F"._/\/.30 'i'den._t'ified accused Nos.3, 4, 29 and 44 as armed whoactually assaulted the victim on the date of 2l.llCld:eFlt. He has also deposed that he cannot splecilfically say as to whether the other accused who ¢ssa,.~,.1;.,...--..,....._..a...r.._.;-:1,.,,:::..(;.,..;>:¢ :. ...,,...,,,., ., .,.____,...,
--§()-
Hardware shop. But, such armed accused chased the deceased to certain distance and assaulted Consequeni: upon which, the victim fell down "
Suryaprabha Hardware shop and died?' "The".iev,id:en.c.e: 'of? the eye witnesses to the incident is :f'Lill1y.V_Ain coi_i,Asonan'Vc:e'*~.VVl' with the case of the prosecution."l"aTz"i
24. The incident 3.00 p.m. i.e., in the day that the plantain shop market area.
the market area.
The shops:z'are«'. road of Kollegal town, which place. When such being the 'pos'i'tion'; lit:,.,i'iS o'bAviousVVthat number of people must have particularly, when large number accused..__had«:""gjathered and assaulted the deceased in ' aédmlairket area.
-53- merely because some of the eye witnesses are belonging to the same community as that deceased, their evidence cannot be brushed a.s_i»de:, ' cannot be termed as interested witgfifesses«;o«nly' ground. Having regard to the totalityfoflthe ev.ide.n'ce on' V record, we find that the evidence"°o_f_'tthVe afo--r'e:m':en'tf§oned eye witnesses, more particdlarlsiifP¥;lvls.:'1_1.v}A':14, 24, 30, 32 and 43, is natural.
They are not falsely.
However, may to see that the real culprits are '-- aforementioned, these witnesses haved in their lengthy cross- ' A ..... .. H ._2'8__.iAT»h§.,,,'Tril'a!':"Court is also justified in holding that the pro'sec=ution; has failed to prove the presence of 9 to 24 in the unlawful assembly and _we're"§plart of the team which has done away with the life deceased Lingaraju. The material placed on l/7 -65- paid to the legal representatives of deceased.
(d) Accused Nos.1 to 3 are:":.senj_tence'd undergo imprisonmsentpandllto as ordered by the CoVur.ti'below"agj:ainst¥§ them for the. 'offencels "under-._Sectio'ns"
143, 147, 148"and44l8;'of 1*Pjc,j M Accused No_s;Zliju;,:[.c:l1.5 "sh:a'l--l'=b.e.:«set at liberty forthwith, if case.
Office'-._is' 'toi"rVa.c:o'rnn1unicate the operative portion of this iorderpwto Vtilvecloncerned jail authorities . A' Ap.:ieal_ls are aiialwed-in-part accordingly. Sd/-
IUDGE Sd/~ JUDGE *1!2I<l/;*;cVt'/ n'i£