Karnataka High Court
Hanamanth vs State Of Karnataka on 4 November, 2011
Bench: D.V.Shylendra Kumar, H.S.Kempanna
RAF THIS CRL.A IS FILED U/S374 CR.P.C E3'Y--,THE ADVOCATE FOR THE APPELLANTS AGAINST-.._ 'THE JUDGEMENT DT.14/ 15.6.2007 PASSED BY THE-F_;.VO_,_; FTC: V, GULBARGA IN S.C.NO.293/05 - CONViCTING"**ITFIIEI*v.' APPELLANTS/ACCUSED NOS. 1 TO 7 A.1\ID_f=9_ FOR OFFENCE P/U/S143, 147, 1481,---"447., 504, _v32-3, 3241;. 307 ' AND 302 R/w. 149 OF IPC. AND SEN.'Iv'ENC1.NG THEM:,--TO UNDERGO S.I. FOR 3 MONTHS TO PAY*A«.F1NEVOF RS.500/-- AND I.D., TO UNDEROO-._FURTHER; vS,_1I" FOR I» MONTH EACH, FOR THE OvFF"ENCE'~P/U/_S.1-"48 OF IPC. FURTHER SENTENCING THEM-..TO._»UNDEROO :31. FOR 6 MONTHS AND ALSO 'TQ_PAY A "OF RS.5O0/- AND I.D., TO SUFFER FURTHER 5.1. FOR;1 MONTH EACH, FOR THE OFFENCE F/U/S147 OF I1éCf. FURT_H__ER SENTENCING THEM TO UND'EROO'S".'I; YEAR AND TO PAY A FINE OF R'S.1f;;o00/'1--- AND I;D.;'--'TO..w-SUFFER FURTHER IMPRISON'MEN'1'. V MONTHS EACH, FOR THE OFFENCE, Ii,/I_;I_/S.148I "I15C.'g FURTHER SENTENCING THEM I1TO_U:NDE:RGO-.,S;I. F"OR~'1 MONTH AND TO PAY A FINE OF.RS;-1500/V: TO SUFFER FURTHER S.I. FOR "ONE IVION'TfH.VEACH,'FOR THE OFFENCE F/U/S447 OF IPC.'=AND F'URTH.E"R.SENTENCINC ACCUSED NO.1. TO UNDVEROO S'.L _FOR_ 6"'MONTHS AND TO PAY A FINE OF RS},1,000/-- AND I.D., TO SUFFER FURTHER S.I. FOR 2 A 1\,1o"N'J.HS"A'..FOR THE OFFENCE P/U/S323 OF IPC. AND » _'FURTVH'ER_A'C_CUSED NO.1. SENTENCED TO UNDERGO S.I. vFOR..f6».MON.1fIIS AND ALSO TO PAY A FINE OF RS.500/- " AND I.Dft,f SUFFER FURTHER S.I. FOR ONE MONTH FOR IOFFFENCE P/U/S504 OF IPC. AND THE ACCUSED NO.-'.2. "SENTENCED TO UNDERGO S.I. FOR 4 YEARS AND A. PAY A FINE OF RS.5,000/-- AND I.D., TO SUFFER ,_FU_RTHER IMPRISONMENT FOR ONE YEAR FOR THE" OFFENCE P/U/S307 OF IPC. AND ACCUSED NO.3,4,7 AND 9 ARE SENTENCED TO UNDERGO S.I. FOR 1 YEAR AND ALSO TO PAY A FINE OF RS.1,000/-- AND I.D., TO SUFFER FURTHER S.I. FOR 2 MQNFFHS EACH, FOR THE THIS CRL.A IS FILED U/S373 (1) AND (3) CR.P.C BY THE STATE P.P. FOR THE STATE PRAYING THIS HON'BLE COURT MAY BE PLESED To GRANT I..EAVE',_ To FILE AN APPEAL AGAINST THE HJUDCQMENT DATED:14.06.207 IN S.C. NO. 293/2005 ON_.fzjH'E' THE P.O., FAST TRACK COURT-V, GULBARGA:ACigIII'mIIG ' THE RESPONDENT / ACCUSED _Eo.R_THE' OF'FE.§NC'EVP./U/SVVI '
143, 147, 148, 447, 504, 323, 324, 307,AND"302--R/WVSEC 149 OF IPC. * ».
THESE APPEALS 'I¥IAI.(ING"V-BEENCVHEARD RESERVED, COMING ON 'PO'R PRON_OUNCEIvIENT OF JUDGMENT, THIS DAY, KEIVIPANNA 3., DELIVERED THE FOLLOWING; ' These" to A7, A9 and the State judgment and order dated Inrdéuevssions Case NO293/05 by the FTC-V, Gulbarga. By the im;pugned.Vjudg1nen't 3nd order the learned trial Judge to A7 and A9 for the offences 1 Sections 143, 147, 148, 447, 323, 324, 30'/$302, 504 r/W.149 of IPC and Sentenced them ~ to undergo S.I. for three months and to pay fine of A 7:vRs":5OO/-- I.D. to undergo S.I. for one month, 8.1. for six (V 13 of the charges p/u/ss.143, 147, 148, 447, 323, 324, 504, 307, 302 r/W.149 IPC.
A1 to A7 and A9 have preferred challenging the order of conviction the other hand, State has preferred challenging the order of acjquittaliiof a1i1d"Az10.to,.313d in 4' the said case. Since bothV_'th:e:'ap_peai.s '*ari_seH_;33ut of the common judgment clubbed together, heard together this common Judgment.-V 1; ~ A 4' A are :-
he the appeals are tried by the learned"S.essioris'ad1eid§e on the charges for the offences F?"/,.;i<i1[:s:..1Z;'.'3,i4V'7§~l..4$§447, 323, 324 504, 307, 302 ' It case of the prosecution PW1, PW4, PW6 and the deceased Bheemaraya in the case are direct A _hr"others. PW5 is the wife of PW4. PW7 is the son of PW1. PW8--Venkamma is the wife of the deceased NV deceased. They are also residents of villages. and are agriculturists by occupation }e'Xcep_t'=fo1<'Al(): to A13 who are women folk .of the.ir"*famil_y'V--l. household work. The accusledlwere claim in the land bearing S.No.2:8.2_ acres guntas from PWs 1,4,6 and that the same has not been 'p:ro.pe1§'lybetiA;een them. Such the case of the prosecution?'that in the morning PWl and the deceased had been to thela of paddy which had fallen to the shareof v"While they were sowing paddy in the E"ldanfd~.'_of at about 12 noon all the accused "'tll.€:v"'Said land armed with deadly weapons like and stones having formed themselves into an unlayxzful assembly, picked up quarrel with PWs 1, 4 and the deceased stating that the land measuring acres 20 guntas situated in S.No.282 of Motanahalli ' has not been properly partit§'\o§,d and as no share has 10 been given to them, they should not cultivate the said land. Thereafter, it is the case of the prosecvutiong the accused in furtherance of the common ol:§j'ect..fof __'tl.ieir_ unlawful assembly assaulted deceased with the weapons whichiwereewith tihfern "due to which they sustained'~.._gseVei'e ' "In the"
meantime PW8, 9 and gailata, who were bringing and on seeing them the accused along with their weapons_ all the injured includ.i.ng""t.h'e iacbiillock cart to Motanahalli andzfifgrom taken to General hospital, Gurmitkal in by him.
is tihe'fu.I:ther case of the prosecution thereafter, ' p.m. PWl filed his complaint Ex.Pl before of Gurumitkal 13.8. who on receipt of the same} registered a case in crime No.78/O5 for the louflrences p/u/ss. 143, 147,148, 447, 324, 307, 504 r/w.l49 of IPC against the accused and issued FIR as q\,/ 11 per Ex.P8 at about 6.30 p._In. ar1d"forwar.dLed"theljsdarneirpg along with Ex.P1 to the Jurisdictional which reached JMFC at ahout on the sarine day at Yadgir. In the rneaAn_tj1ne'! al~l:.tl*i~e'g'ilnj11red including the deceased wereexa1nine:d'--byrv._V1§';l§7 Medical officer at GoVernmerit"l§'ospité.l the deceased had his person he was directeldv shiltedA'._"VtoVVv Government hospital, Gulbarga. g"--".Thereafter._g --PWl4 handed over further investigation PWI7 PS1 on the same day. l :V"BrahVriT31K{',%:r¥a,€)rl3.%Q'6C?19l%§1r §C%ioV€ hen eiii%%{'a'ti1%'£%tf%% . 4A(f1ec€:{{iS.ed who had been forwarded to the Govt. General .' Ahlospitaiivlifrdtilbarga for treatment had expired and on the basisof. the said intimation, he prepared an additional 2 it 're_port requesting the learned Magistrate to add Section of IPC in the case registered earlier and forwarded 'T the same to the jurisdictiowagistrate. Thereafter, 12 he proceeded to Govt. hospital V Qulbarga ~. held inquest over the body of the-cdleceasied identified by PW8 wife of the deceased arid' inquest panchaname as presence of the panchas PW2 ;AfterIc'omp1eting Ex.P2 he forwarded the body examination along with 'Thereafter, he recorded the further statemzgnf of _PW'],_ aridstatements of PWs 4 and 5, who areypiinjitired 8 9 on the same day. Aftei: cornpV1'et'i,Vn.girecording of the statements of the said witnesses,itPW'~1A2"f:yVho"«had. been entrusted with the body for 'subjecting to PM examination produced before him clothes" found on the body of the 'V a:nd*'he seized the SEUIIC under the pachanama presence of PW2 and CW3. Thereafter, he AA returned to the Police station and handed over further ,inyA'_estigation to PW18 CPI on 30.6.2005. PW18 on vftaking over investigation Verified the same so far done by PW17 thereafter proceeded to the scene of 0/ 14:
PW18 on 5.7.2005 3-FréS_ied~--.5/*1h't'o=A.4.,~i§A6 A8 to All from near thVe""--.hus'0--. Qurumitkal. He interrogated the them A3 volunteered EX.P19. In pursuanhe axe--MO2 and the clubs-'M'Os:.:i5 thepvanchanarna Ex.P6 in the presenc_e~ of '?pa.ncha'«vI?WS-- and another. Thereafter, on interrogation he recorded their voluntary statements as p.er'~.Exs~'.P20 and P21. On 6.7.2005 A12 and VA_213Vsurrend__e_red before him and on their arrest and ,0 ' vc,orn1$ietion~._of the same, he got them remanded to J .C. * j _ '12_.7".2005 he arrested accused No.7 near Govt. '-school' Motanahalli, interrogated him and recorded 'as per EX.P22. In pursuance of the said statement of A7 he recovered M04 under the 00 panchaname Ex.P7. On 25.7.2005 he received the P.M. 'report as per Ex.P17 from PW16 who had conducted autopsy over the body of the deceased-Bheemaraya and also Ex.P23 the RTC ew of the land Where the " A ttheirE=cas'e;ct l5 occurrence has taken place jfrornv the .;JutrisdVic't~ion'al revenue inspector. Thereafter, since the ._i1'ive«stig"ation_ had been completed he finaltliiagainsti the accused before the...l:Juristdictlion.al fcommittal Magistrate who in cotmuriiittieldr the case of the accused to theV_Court_.Of On committal the accused denied the c'harges_._l_ejvelled against them and it _T.he"'pros::cuti.on.__:lin «supplort of their case in all examined got marked Exs.Pl to P23 and Most: l tlo"V.ll2"..i1i,.lsupport of their case. The accused have not 'got any defence exhibits in support of l'~Aft_El§l'A_ltl1€ closure of the prosecution evidence the examined u/s.3l3 Cr.P.C. They have denied the incriminating circumstances put to them it A' round in the evidence of the prosecution witnesses. Thereafter, they were calle upon to enter on their l6 defence and to lead any evidence to lhalvgp 0' stated that they have no defenc.eMevide._nce.-:' 0"
Thereafter, the learned l1earing--. learned Public Prosecutor 'counsel for the accused and on per1u.1_s:a1._O'f..the' flaiqenéig and the documents placed vbefore the conclusion that the prosecution.Vha.s:V.provedl.it.sl'case of the charges levelled it has failed to prove and A10 to 13 and order dated 14.7.2007 convicted A9 and sentenced them as aforesaid"an'd A8 and A10 to A13. to A7 and A9 being aggrieved of the ._j'u_dgri'iel1.t_ ofconviction and sentences passed on them have preferred Crl.A. 1 197/07. The State being aggrieved by the order of 'facqun1a1c£.A8 and A10 to 13 have pnfiened CXLA "E1433/07. qV/// 18 head which goes to show no offence is rnade:'_outV:aga1:1st" . the accused. It was further contended that _theo'ry"of i recovery of the weapons at theA:'instancesofthe:
having regard to the evidensc'e._yon reco1'd_is and A in view of the investigating having..~not seized any implements carried by witnesses for sowing paddyfseeds"vvhiijh.V.:'th'ey .havce""'admitted and as the the prosecution the land was dry, the theory that PWs 1 4 to 7 and the deceased had'go1:1.e for sowing paddy seeds is a rouse madeout to falsely implicate the accused which . yi's* Aalso supported by the spot panchanarna EXP4 the course of investigation, the judgment and order convicting and sen'tencing A1 to A7 and A9 cannot be sustained and , further, insofar as A8 and 10 to 13 are concerned, since the evidence on record does not show that A8 was '1 present at the spot of occurrence and he along with A10 OQX 19 to !3 who are women folk had instigated the other accused to commit the offences for which th.ei7.e}is no evidence, as found by the trial Judge on the evidence, the order of acquittal of thev'---s'_aid=:accu.se'C1 also does not call for any interfererice. fAcce'rdinfg1y'§'Tithe appeal preferred by the"accused=.be appeal preferred by the
7. Per contra,V1'e--arn.ed.p_ the State while supporting the__ and order of conviction' A1 to 7 and A9 has believed the evidevncefof vvho are injured in the case and asubtherewf brought out in the cross examination of .... ..the said witnesses, which is ' .-Vcorroborate:d----from the evidence of PW15, The medical 'o_fficer_&has treated them, the order of conviction and'~_se::1tence does not call for any interference of the it .actc;used who have been convicted and in view of the evidence of the very same, prosecution witnesses the 0,} 20 impugned order of acquittal of A8 and 10 to 13 cannot be sustained and accordingly, the appeal preferred by the accused be dismissed and the the State be allowed and the accused 'tlieir, e convicted and sentenced in acc'ord:a'11.r;'e with law} if
8. Taking the rival contentions" into.corisideration, the evidence and the docurnenitsp placed "on record which we have peruse'd,_ the arise for our considerationare 2- ._ 2:
i) established that the has died an homicidal
ii)'i' 'V Whether"the.l'prosecution has established PWs l have sustained injuries on their
iii) Awhether the prosecution has established that lithe accused are responsible for the homicidal N\\/ 22 paneha for the inquest panehanama EX.P2 drawn up PW17 PSI eoupled with the evidence of PWs4..lV;»-.<:'é:1i.to 7 and 8 to 10. PW15 the medical offieer primary health centre in his evidence:hasi:Stated.Vtl1af;'.:"--..
on 29.6.2005 at about 6:30 'e:;a::;in_¢d Bheemraya (the deeease'd)'~-._Vat the brought by the police. the said Bheemaraya at the following injuries on h4i_m_:_ " n H V 1
1. --r_iglI.it parietal region of x 1 ems X bone deep 1' .1
2. Contu_s1onro§./4er_ part of the back on right side about 15 ems X 5 ems reddish in eolour [and 'injury was in transverse; Contuslion over baek on right side on lower aspeet 'measuring about 15 ems X 5 ems reddish in eolour and situated trasverseg QM 23
4. Contusion over right side of back about cm Vertical; p
5. lncised wound over the baek right._ear:"1neas1ii*ing about 3 ems X l ems :i'.0_l'----.em reddish ¢:;1eu;,.= He has further s'tat_ed he the said Bheemaraya to Goxa/tie. Gulbarga for further treatlnent on his person have been of his examination and has as per EXP9 in respect _ A'PW4l6 of Govt. General hospital Gulbargau stated his evidence that on 30.6.2005 he-iieonducted'=a1i_topsy over the body of the deceased and » h.as,1sisu.e_d the PM report as per Ex.Pl7. He in his ._ Vé¥,ziderr'oe;__stated that on examination of the body he fo'u.nd: rigor martis having been present in all the four ~ .':irr1bs'§ skin complexion was black, eyes were closed and '7\/ 24 hairs were black. Apart from::";thersavn1e,~i following external injuries on hinx. f
i) A sutured wound rnegalsuring 'inches fill inch' situated on the..V.right"'si--d:e- parietollloccipital region of head. They Sub--cutanous £1g(aI11r1otor11_a in colour was
ii) A3. l inch X l inch the right ear with irregular-aansd bl,ood stained edges. _ _v He has fu'rth'crV'stated on observation of the skull, th5'ere__f' was 'sub._c_utaneous haernotoma measuring 8 V 1'i-ncn.esyx=,l "inch which was bluish red in colour situated ._ 'o.i1.ltl1e"'riVgl1x."tparieto occipital region of the head. r.'_"OnA:"'opening the skull intra cranium blood with up gheamotoma was present diffusing on both lateral l' "-surface and infra parenchymal region of both brain hemispheres. All other 8l organs were in tact. He \\w 25 is of the opinion that deathis due hemorrhage due to intra cranial b1eedirig'resu}t,of head injury.
In the cross exarninatiiion ofbothy-I medical officers nothing serious has =T§eeris..e1icited~A to discredit their testimony. evidence of PW2 discloses thafihe body of the d€C€a5€d_. fortifies the PW1, 4 to 7 also testifies to the factof having sustained the injuries as noticed the. rfiedical officers. Apart from this houfni:_osi:da1z death'""of the deceased Bheemaraya in this V to before us. In that View of the hrnatter are of the View, the prosecution has estabiished that the deceased Bheemaraya has died an " hornicidal death.
10. Regoint No.2(\/ '\'Vuw-
26 The prosecution in order to establish"
are responsible for the injuriesflpcaused on -1u{1§Vto_ [7, apart from relying on the telstimonies,Weft' the: saidg witnesses have also relied the' of PWl5 the medical officer andhas issued wound certificates as per P14, P13 and P12 respectiveily-:_in witnesses. Pwsl and 4 tog-7' that they have received person at the time of occurrencelvlffiheirl"'eyid.ence discloses that they were the Village Motanahalli in a and fromlivthere to PHC at Gurumitkal in a jeep PW9. They were examined by PWl5 who has _ effect. PWl5 in his evidence has stated that on.:d'29V..6.2OO5 at about 6.35 p.m. he examined a person by name Chandram (PW4) son of Mallappa who i " had been brought by the police for treatment. He found the following injuries on him.
27
i) Lacerated wound over itfrontialv region measuring about 3 em'-.)_; 1 cm X bonedjee.pHreddishp' in colour; V V A_ V
ii) Laeerated jxloylper .the right shoulder measuring about '31 l ems reddish in colour = v_ «V
iii) Contulsiegnr 'over lepi't"sidev_lof'b-ack measuring about 8 elm ems »re'd.dish.in colour.
.ha.s ils°s.;u--ed-.the Wound certificate in respect of him as 'per and the injuries found on him are simple nature 2 * paso%§%§1asa§%£%gb%2%d Wfiaétsav 3;? tr aggzd $513 ' Ufouiidthe:fo1_loWing injuries on him. over the forehead measuring about 6 ems Xll ems bone deep and reddish in colour; V is 2) Chop Wound over the right side of back measuring Vlabout 8 ems X 1 cm and muscle deep reddish in colour;
'\/ "*"%> 28
3) Chop wound over the left .side_of about 5 ems X 1/2 Cm X deep' and reddish in Colour.
He has stated after of 'said person he referred to Govt.' and he has issued the 'V\,7v..,,/41$ per the injuries found on him are§s'imfp1eV.iri_V _ He __ha_.s;_furtherzjdepotsed on the same day, he eXai;vn'ined'o'n_Ve e:'pe_rson.wSannamal1appa (PW7) son of Sabanna. and following injuries on him.
1) Lacerated bright skin measuring about 1 cm x 459.1/2:. __e1n__s X subc1..1.taneous deep reddish; ' over right thigh measuring about 12 X 3 '-- A ' *--.?cm's."_red[dish in colour; C:.)nt'u'sion over back on right side measuring about .. X 3 ems reddish irk9oi'our.
29 He has stated that he has issued 'fwoundfeeurtificate 9 as per Ex.Pl2 in respect of theislaivd injuries found on him are simple in nature. He has further deposledfon thessam-e day he has examined another pfer._son_."b"y "1V1fampe-._Mallappa"v(PW6) son of Mallappa and found.the'ifollvovsiingj'injuries on him.
i) Lacer:a.te;d*_~ region of head X subcutaneous deep ' oolouér;
ii) 'side of Chest measuring about in colour;
, oifervfdorsum of left hand measuring ijabout 5 ems reddish in colour l§_e.__ha:s'V..further stated that he referred him also to fGulb_ar-ga7~" AGovt. Hospital and has issued the wound AA gcertifieate EX.Pl3 in respect of him and among the = .inj'uries found on him, injuries No.1 and 2 are simple in nature and injury No.3 is gri vous in nature. 32 the accused with the murder of the deceased and causing injuries to the them are all closely to each other. They being related are witnesses. Merely because they are reiatifv<es'=.a1*id _ar'eq interested witnesses, their evidence he-arinotV'be"'brusl:_ed aside, more particularly that of l aLndi;4...V_Vto .17 are injured witnesses the spot cannot be disbelivevedy hand, their evidence close scrutiny before claimed that Al abused himiin assaulted him with stone on his fore'--elr1_ead.Vr him with axe on the right and'=0.n__.the left side of the waist. He has ' that insofar as the deceased is concerned, ll and A5 assaulted on his head with axe. He has further stated insofar as PW4 is concerned, A2 .assaulted him with axe on his head and back. A3 assaulted PW6 with club on his head and left fore-hand. «hf 33 He has further deposed A7 assaulted PW5 with club on his back and right fore~hand and A9 assanlted_fi~PW7 with club below the knee, thigh and back_.312.to'aVFjL----:tim_efs,V Further, he claims other accused instigated the aforesaid accused' trie meantime PWs. 8, 9 and ' Further, PW4;__has held the deceased and A5 axe on his head and left sidefof' ffnlrther stated Al assaulteflfflf axe. Insofar as he is. that Al held him and A2 assaulted and right shoulder A7 assaultedr: 'orith club on right fore--hand, A3 PW'6......with club on the back and right A assaulted PW7 below the left knee and and others i.e. A8 and A10 to A13 instigaited in the meantime, PWs 8, 9 and 10 came to V. said place.
c\k/ 34 PW5 has stated in her evidence, A6 held the deceased, A5 assaulted with axe on the head,_4vblae_:k.._and chest. Nextly, A2 assaulted PWl with back and right side of the chest, . and A2 assaulted him with axe :o11.a"n.dl"the right shoulder. A9 assaulte;d_PWl"/' back' and leg. A7 assaulted Club loniighti forehand. In the meantime, to the said place. PW6 has elairinled' A3 and A9 held on the head, right shou.lder'and waist. A7 and A6 held PW4. A2 on the head, right shoulder and waist; by A3 with Club on the left l A stated Al assaulted PWI with stone on A2 assaulted with axe on the right sho'u_l_d-er, back and waist. Further, A4 and A5 held u and A2 assaulted with axe on the head and right shoulder. A3 assaulted PW8 with club on head and (M 36 Ex.Pl5 in respect of him. Relying on this it was strongly contended that the accused in the exercise of the private defence of have assaulted the injured witnesses a"nd'V"clecease'd' . L' and therefore, no offence has byeen' It is pertinent to note th_at._.A5'AWho.aCe'ordi<n.g. to the' accused claim that__he the time of occurrence has not with the police nor any of accusleld' occurrence as claimed been examined by PWlV5. on the occurrence that too on in View of the fact he has sustainedonly-__aA'sirn:.ple injury as stated to by PWl5 _p_offic'e'r-and reflected in the wound certificate ' theory of right of private defence put-forth is not probabalised and therefore, it cannot. be believed.
Further, the case of the accused that they were in possession of the land, the injured witnesses and the V 41 was present at the scene of occurrence. A10 to A13 are women folk of the family of the accused. Tlj.el_pc-ypidence of the prosecution witnesses in respect ofsthese y ' _ ' is bleak which does not inspire any _-co'r'1fiden'ce_' in the _ mind of the court to hold thatgthey ~t)vei*e 1 spot along with A1 to 7 theni to assault the deceasedAp___anjd__ the inj'u:r:edA,.i§udtnesses.
Thus, we find no made by the additional in these accused in support 1 1 2* .1 A Judge on appreciation of the eyildeniceppp and"«thceudocumentis placed or record has ' ;.righptly:'co'm:fieted A1 to A7 and A9 and has acquitted A8 "and A if A13.
~ We do not find any infirmity or illegality in the of the learned Trial Judge calling for our 1 interference in these appeals. M