Yallawa & Ors Vs. State of Karnataka
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Head Note
Indian Penal Code,1860 - Section 302 , Section 506 , Section 342 , Section 436 , Section 148 , Section 149
Murder - Previous Enmity - Judgment and order of acquittal of appellants passed by the trial Court upset by High Court - Ill-will between the deceased 'C' and 'A' was growing for quite some time before the occurrence - On the date of occurrence the action of 'C' along with his son 'S' who was also killed in this occurrence, stated to have caused some injury on the said 'A' around 7:00a.m. on that day at his place which enraged the son of 'A' and the other appellants who took it in the affront and in that pursuit, the appellants along with the other accused stated to have marched towards the house of 'C' in an aggressive mood carrying weapons - Fearing serious consequences, 'C' and nine of his supporters who were all killed in the occurrence, entered the house of 'C' got them bolted inside to escape from the onslaught of the appellants - Accused bolted his house from outside and by setting fire to the house on all sides ensured that none of the inmates were able to get out of that house and save their lives - Evidence of P.W. 1 along with P.Ws. 2, 4, 5,6,10,11,16, 21, 22 and 26 who were all eye witnesses to the occurrence sufficiently demonstrated before the Court as to the manner in which the setting fire to the house of 'C' after they entered the house and bolted inside were surrounded and the bolting of the house outside by the accused persons and the manner in which the house was set on fire, as well as the adjacent house and also how the accused ensured that none of the victims who entered the house of 'C' were allowed to escape from the clutches of the accused and got themselves charred to death at the hands of the appellants - High Court took pains to make note of the various details with reference to the sequence of events spoken to by the eye witnesses, specific role played by such of those accused who contributed their might in setting fire to the house of 'C' as well as the adjacent house and thereby ensuring that none of the victims who entered the house of 'C' were allowed to escape from the clutches of the appellants and other accused and ultimately met with their death - There is no scope for this Court to make any further analysis in order to find out whether any of the appellants could be exonerated of the charge found proved against them.
Topic(s)-Murder - Previous Enmity - Conviction