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3. S.C.No.19/2014 also relates to the same incident. Report given by Kantharaju was registered in Cr.No.270/1998. He complained to the police that his two brothers viz., Chandru and Siddaramu had been to the land to transport the harvested sugarcane to the Alemane (jaggery factory) in the morning of 19.10.1998. Since they did not return from the land for quite a long time, he went towards the land with his labourer Siddaraju on a scooter. On the way he saw Ramaiah and Prakasha having stopped the bullock cart and questioning his brothers as to why they brought the bullock cart passing through his land. In that course Ramaiah pulled out Chandru from the cart and then tried to assault him with a NC: 2024:KHC:4078-DB machete. Seeing this Kantharaju interfered to his brother's rescue, and at that time Ramaiah gave a blow on his forehead and right cheek. When Siddaramu rushed to his rescue, Ramaiah assaulted him with the same machete on his chest and left forearm. The labourer Siddaraju interfered to pacify the situation. Kantharaju took his brother Siddaramu to the hospital at Mandya. While they were in Mandya, they received information from Krishnegowda and Nagaraju that the supporters of Ramaiah had set fire to their sugarcane fields and the Alemane.

17. DW1 to DW3 are the defence witnesses. DW1 and DW2 are Kantharaju and Siddaramu respectively. DW3 is U.K.Ganesha whom the prosecution did not examine although he was cited as a witness in the charge sheet. DW1 and DW2 admit the incident. The evidence of DW1 is that when his brothers, Chandru and Siddaramu

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NC: 2024:KHC:4078-DB did not return home, his mother asked him to go and see them. He first went near jaggery factory on the scooter. His brothers were not seen there, and therefore, from that place, he along with labourer Siddaraju went towards his land. On the way, near the land of Ganesha, he saw Ramaiah and Prakasha altercating with Chandru and Siddaramu having stopped the bullock cart. He has stated that Ramaiah had a machete and Prakasha, an axe; that Ramaiah took objection for bringing the cart through his land, pulled out Chandru who was sitting on the yoke of the cart and tried to assault him with a machete. Siddaramu who was behind the cart, came forward to prevent Ramaiah from assaulting Chandru, and at that time the blow fell on his left hand. When he also came forward to the rescue of his brothers, Prakasha assaulted on his right hand with the axe. Ramaiah and Prakasha became furiated; Prakasha tried to assault him with a sickle. As he tried to escape, the sickle blow fell on his head and he fell down. Chandru and Siddaramu cried for help. Ganesha, Shivaratnamma, Srikanta who were all