Holding

The Supreme Court upheld the convictions, finding the FIR timely and the prosecution evidence reliable despite minor inconsistencies.

Summary

The case arose from a long‑standing boundary dispute between two families in a Karnataka village, which escalated into a violent confrontation that resulted in the deaths of three persons. The prosecution relied on the testimony of three natural witnesses who were relatives of the victims, and on a First Information Report (FIR) lodged within two hours of the incident despite the police station being 16 km away. The appellants challenged the conviction on grounds of alleged delay in filing the FIR, the alleged unreliability of interested witnesses, discrepancies in their statements, and the omission of certain details in medical records and the FIR. The Supreme Court held that a holistic approach was required, that the FIR was not unduly delayed, and that minor inconsistencies in the witnesses' accounts did not defeat the prosecution case. It further observed that the witnesses, though interested, were natural witnesses whose testimonies were not shaken in essential particulars, and that the motive stemming from the boundary dispute was sufficient to explain the violent act. Consequently, the Court dismissed the appeal and upheld the convictions under Sections 302, 307, 143, 148, 504 read with 149 of the IPC.

Issues considered

The FIR was lodged after an unreasonable delay, violating procedural requirements.
The credibility of interested (natural) witnesses and whether their testimony can be relied upon.
The impact of minor contradictions in witness statements on the prosecution's case.
The omission of a witness's name and details of transport in the FIR and medical records.
Whether the alleged motive of a trivial coconut dispute negates the charge of murder.
The effect of acquittal of co‑accused on the liability of the remaining appellants.

Legislation cited

Code of Criminal Procedure, 1973s. 164
Indian Penal Code, 1860s. 143, s. 148, s. 149, s. 302, s. 307, s. 504

Subjects

boundary disputemurderconspiracyFIR delaywitness credibilitynatural witnessesIPC sections 302,307,143,148,504,149holistic approach

Judgment

(2009] 7 S.C.R. 817

-! GURNUNATH DONKAPPA KERI AND ORS. A
V.
STATE OF KARNATAKA
Criminal Appeal No. 341 of 2006

MAY 06, 2009
B
[S.B. SINHA AND CYRIAC JOSEPH, JJ.]

• Penal Code, 1860 - ss. 302, 307, 143, 148, 504 rlw s. 149
I>- - Longstanding dispute between the parties - Murderous
assault - Three deceased - Conviction of accused-appellants
- Challenge to - Held: A holistic approach is required to be c
taken in a case of this nature - FIR, having regard to distance
between the place of occurrence and the police station, and in
·'
' peculiar facts and circumstances of the case, could not be
said to have been lodged after long delay - Genesis of the
occurrence was proved - False implication was unlikely - All D
prosecution witnesses were natural witnesses - Essential
ingredients to prove crime against the accused was
categorically stated by them - Purported discrepancies in
evidence of prosecution witnesses as to who had shifted the
injured to hospital or the mode of transportation, was minor in E
nature - Conviction accordingly upheld.
There was a longstanding boundary dispute between
PWs 1 & 2 and the accused in respect of their lands; both
parties having filed civil suits in relation thereto. A further
quarrel ensued between the parties when some coconuts F
plucked by PW2 fell on the lands of the accused and A-1,
A-5 and A-6 took away the same.
According to the prosecution, with a vjew to get the
dispute settled, PW-1 called his two maternal uncles and G
requested them to resolve the same whereupon they
+ accompanied by their servant and PW-3 approached the
village elders for settlement of the dispute whereafter A-1
to 5 were summoned; that to a suggestion mooted with
817 H
818 SUPREME COURT REPORTS [2009] 7 S.C.R.

A regard to settlement of the dispute, A-1 expressed his
intention to consult his children A-2 to 5 and 10 and left

B
the place and that when he did not return back within
reasonable time, having regard to the time gap, PWs 1
and 2, the two maternal uncles of PW1 and their servant
went to the tea shop of PW-9 to have tea; that while they
-
were taking tea, the accused persons arrived at the spot
by a tempo, and shouting that the persons who wanted
~
to settle the matter should not be allowed to do so, they
assaulted the two maternal uncles of PW1 and their ..+

c servant who were grievously injured. The three victims
were taken to Primary Health Centre of the Village from
where they were referred to Civil Hospital, Belgaum where
they were declared dead.
Placing reliance upon the evidence of PWs 1 to 3,
D the trial court convicted eight accused viz. A-1 to A-6, A-
10 and A-13 under ss.143, 148, 307, 302, 504 r/w s.149 IPC.
All the convicts filed appeals before the High Court, during
pendency of which A-1 and A-2 died. The High Court
acquitted A-5, A-6 and A-13 but upheld the conviction of
E A-2, A-3 and A-10. Hence the present appeal by A-2, A-3
and A-10.
Dismissing the appeal, the Court
HELD: 1. A holistic approach is required to be taken
;
F in a case of this nature. [Para 11] [828-F]
2. The first information report, having regard to the
distance between the place of occurrence and the police
station cannot be said to have been lodged after a long
delay. The incident took place at about 2 O' clock in the
G afternoon. It must have continued for sometime. The
mental condition of the prosecution witnesses can be well
imagined. They had to arrange a transport to take three .. ti-

persons who were severely injured to the hospital
particularly when one of them had suffered grievous
H injuries. They were taken to the Primary Health Centre of
GURNUNATH DONKAPPA KERI AND ORS. V. 819
STATE OF KARNATAKA

i the village. The doctor was of the opinion, keeping in· view A
the infrastructure available at Primary Health Centre, that
they could not have been properly treated and thus
advised to take them to Civil Hospital at Belgaum. The
distance between the village and Belgaum is also
considerable. Before coming to the police station, PW-1
B
got the first information report scribed by PW-2 who is a
graduate in Science. He wrote the same in English. That
-'> must have also consumed some time. It was in the
/.
aforementioned circumstances that the first information
report was lodged at the Police Station within a period of 2
% hours from the time when the incident had taken place; c
the police station being at a distance of 16 kms from the
village. Therefore, no delay at all was caused in lodging the
same. [Paras 11, 12, 14) [828-G-H; 829-A; 830-A-B; 831-D-F]
3. Except contending that depositions of PWs 1 to 3
are tutored ones and they had made parrot like statements, D
appellant has not been able to show before us that the
depositions of three witnesses had been shaken in cross-
examination in essential particulars. PW-1 in his evidence
clearly stated that coconut trees were standing on their land
whereas as per the testimony of PW-2 and PW-3 they were E
standing on the bandh. The very fact that there existed a
boundary dispute must have prompted PWs. 1 and 2 to call
their maternal uncles. The reason for attack on the deceased,
as revealed by PW-2, is that as they had brought their
~ maternal uncle to resolve the dispute, they would not let them
go and finish them. Almost to the same effect is the statement F
of PW-9. [Paras 20, 23, 25] [834-A-B, E-F; 835-C]
4. One is also not in a position to accept the
submission that motive to commit the overt act must be
disbelieved. The parties were on litigating terms. They had
filed suits against each other. Boundary dispute between G
~ them was an old one. It may be true that quarrel started
~
on collection of a few coconuts which fell on the land of
the accused but they were collected on the premise that
some coconut trees were within their own land. [Para 22)
[834-D-F] H
820 SUPREME COURT REPORTS [2009) 7 S.C.R.

A 5. There is overwhelming evidence on record to show ~

that the incident had taken place in the village. Once the
genesis of the occurrence is proved, contradictions which
are minor in nature would not be sufficient to dispel the entire
prosecution case. It is true that all the three prosecution
B witnesses who have been relied upon by the courts below
are interested witnesses. It must, however, be borne in mind
that despite existence of their animosity, keeping in view the
relationship between the parties, it is unlikely that therewould
•••
~
be false implication. [Para 24] (834-G-H; 835-A]
c 6. All the prosecution witnesses are natural
witnesses. The essential ingredients to prove the crime
against the accused have categorically been stated by •
them. Both the courts below have placed implicit reliance
on their testimonies. The very fact that the witnesses had
D been taking the deceased who were grievously injured at
that point of time from hospital to hospital is itself a pointer •
to show the state of mind they were having at the relevant
time. It is, therefore, too much to expect that they would
not only state the details of the manner in which the
E occurrence had taken place but also the names of all the
persons who witnessed the same. [Para 26] (835-F-H] --
7. It is not the requirement of law that the doctors,
even before admitting the injured or during their treatment,
must note down every bit of details of the incident or
F names of the witnesses in the registers maintained by
them. If the doctors were engaged in discharge of their
primary duty, viz., attending to the patients, only because
in the registers the name of PW-3, who is said to have
shifted them to the hospital, had not been mentioned, that
G by itself cannot be a ground for not relying on his
testimony in support of the prosecution case. Such details ,, '
are not necessarily recorded in the contemporaneous
document. In any event, the purported discrepancies in
the evidence of the prosecution witnesses as to who had
H shifted the injured to hospital or the mode of transpor-
GURNUNATH DONKAPPA KERI AND ORS. V 821
STATE OF KARNATAKA
+ tation, is minor in nature. For the self-same reason, only A
because his name was not mentioned in the First
- Information Report, may not itself be sufficient to discard
his evidence particularly in view of the fact that whereas
PW-1 went to the police station to lodge the First
Information Report, services of PW-3 and others must B
have been taken for the purpose of shifting the deceased
' and injured to the hospital. [Para 27] [836-B-F]
,. 8. The submission of appellantthat blood-stained
.. clothes of.the witnesses were not seized, even if accepted,
merely points out an error on the part of the investigation c
officer. The same, by itself, is not sufficient to discard the
entire prosecution case. The further submission of appellant,
on the one hand that PWs 1 and 2 had contradicted them-
selves as to who had gone to the Village Primary Health
Centre and at the same time his submission that they had D
been making the comments that they had been tutored, do
not go together. [Paras 28, 29] [836-F-G; 837-A-B]
9. It is also difficult to accept the argument that only
because accused Nos. 7, 8, 1.1 and 12 have been acquitted,
the same by itself should be a ground for recording a E
judgment of acquittal <>f the appellants. [Para 31] [837-B-G]
CRIMINALAPPELLATEJURISDICTION: CriminalAppeal
No. 341 of 2006
F
From the Judgement and Order dated 11.08.2005 passed
by the Hon'ble High Court of Karnataka, Bangalore in Criminal
Appeal No. 1254 of 2002.
K.V. Vishwanathan, Shekhar G. Devra, Rohit Pandey,
Dinesh Kumar Garg, for the Appellant. G
Sanjay R. Hegde, A. Rohen Singh, Amit Kr. Chawla, for
the Respondent.

The Judgement of the Court was delivered by
H
822 SUPREME COURT REPORTS [2009] 7 S.C.R.

A S.8. SINHA, J. J

1. Appellants are before us aggrieved by and dissatisfied
with a judgment dated 11th August, 2005 passed by a Division
Bench of the High Court of Karnataka, Bangalore in Criminal
Appeal No. 1254 of 2002 affirming the judgment passed by the
B Presiding Officer, Fast Track Court and Additional Sessions
Judge, Belgaum in S.C. No. 97/1996 convicting accused Nos.
1 to 6, 10 and 13 for offences punishable under Sections 143,
148, 307, 302, 504 read with Section 149 of the Indian Penal
Code (hereinafter referred to as the 'Code') and sentencing -"
c them to undergo rigorous imprisonment for three months for the ,.
offence punishable under Section 143 read with Section 149;
six months under Section 148 read with Section 149 of the Code
; rigorous imprisonment for life for the offence under Section
302 read with Section 149 of the Code and six months under
D Section 504 read with Section 149 of the Code. All the sentences
were, however, directed to run concurrently.
2. The incident in question took place at about 1400 hours
1
on 5 h October, 1995 at the Bus Stand of Village Yadawada
wherein three persons, namely - Venkappa Laddi ; Vittal Laddi
E and Vittal Harijan were killed. Originally the first information report
in relation to the said incident was lodged by PW-11 Mohammad
Haji Khajamia against 13 persons, namely, - Donkapa Venkapa
Keri (A-1), Shrimant Donkappa Keri (A-2), Gurunath Donkappa
Keri (A-3), Ashok Donkappa Keri (A-4), Hanamant Donkappa
F Keri (A-5), Govindgouda@ Goundappa (A-6), Maruti Gurusidda
Dabaji (A-7), Kallapa Mayappa (A-8), Ramappa Siddagouda
(A09< Subhash Donkappa (A-10), lqbal@Ayub Mohamadisaq
(A-11), lswhar Shivalingappa (A-12) and Basu @ Bassapa
Govindappa (A-13). Donkappa Venkappa Keri (A-1); Shrimant
Donkappa Keri (A-2). Out of them Ramappa Siddagouda, (A-
G
9) died pending trial. Accused Nos. 7, 8, 11 and 12 were
acquitted by the trial court.
A judgment of conviction and sentence was recorded by
the learned trial court against eight persons being A-1 to A-6,
H A-10 and A-13.
GURNUNATH DONKAPPA KERI AND ORS. V 823
STATE OF KARNATAKA [S.B. SINHA, J]

." All the aforementioned accused persons preferred appeals A
before the High Court. A-1 died while in custody. A-2 is said to
have committed suicide during the pendency of the appeal.
<

By reason of the impugned judgment the High Court
acquitted A-5, A-6 and A-13. It may also be placed on record
that A-5 was released under Article 161 of the Constitution of B
India. Before us are A-3, Gurunath Donkappa Keri ; A-2, Ashok
Donkappa and A-10, Subhash Donkappa Keri.

·"' 3. The first information report was lodged at about 1730
... hours by PW-1 Shivappa Vishni Keri. The distance between c
the place of occurrence and P.S. Kulgod is said to be about 16
kms. The first informant and the accused persons are cousins.
Deceased No.1 and 2 were maternal uncles of PWs-1 and 2.
Deceased No.3 is said to be one of the servants of the deceased
Nos. 1and2.
D
4. The deceased were residents of Neralgi Village. PWs.
1 & 2 and the accused had their ancestral properties in the said
village. Although the family was separated, some boundary
dispute existed in respect of their lands. Land of PWs 1 & 2
was adjacent to the land of the accused. Some trees on the E
boundary wall on the land of accused and PWs. 1 & 2 resulted
in disputes; both parties having filed civil suits in relation thereto.
5. On 31st October, 1995while PW-2was plucking coconuts
from the tree standing on the disputed land, some of them fell
on the lands of the accused. Accused No.1., accused No.8, his F
wife, and accused No.5, were alleged to have taken away the
said coconuts claiming the same to be belonging to them.
A quarrel ensued. With a view to get the said dispute
settled, PW-1 is said to have called his maternal uncles, G
deceased Nos. 1 and 2 and requested them to resolve the same.
The prosecution case proceeded on the basis that on 4th
October, 1995 deceased Nos. 1 and 2 accompanied by their
servant deceased No.3 and PW-3, a relation of both, came to
the village Yadewade in the morning. They approached the
H
824 SUPREME COURT REPORTS [2009] 7 S.C.R.

A village elders - lshwar Mahadevappa Katti (PW-20) and -I"

Shivappa Bailappa Chikkanavar (PW-21) for settlement of the
dispute. Accused Nos. 1 to 5 were summoned. Accused No.1
and PW-1 were present in the talks for settlement. A suggestion
was mooted with regard to settlement of dispute between the
B parties. To that Accused No.1 expressed his intention to consult
his children viz. Accused Nos. 2 to 5.and 10. He left the place
for the said purpose. When he did not return back within a /

reasonable time, having regard to the time gap, PW1 and PW-
~
2, deceased and his people went to a tea shop belonging to
c Shankarappa Ramanna Chippalakatii (PW-9) to have tea. While ..
they were taking tea, the accused persons consisting of as many
as 13 people arrived at the spot by a tempo trax, holding out
that the persons who wanted to settle the matter should not be
allowed to do so and attacked on them. Deceased Nos. 1 and
2 were attacked first while the third deceased who had come to
D
help the others was also assaulted. When the village people
started arriving all the accused ran away. The three deceased
and one Siddappa Basappa Nagalagi were taken to Primary
Health Centre of the Village. Dr. Siddramappa (PW-25), of the
said Primary Health Centre noticed the injuries on the deceased
E and referred them to Civil Hospital, Belgaum. The deceased
thereafter were taken to Belgaum Hospital. At the said hospital
they were declared dead.
6. In the meantime a report was scribed by PW-2. PW-1
F took the same to the police station and a first information report
was recorded bearing No. 90 of 1995 under Sections 143, 148,
307, 302, 504 read with Section 149 IPC.
7. Before the learned trial Judge forty witnesses were
examined on behalf of prosecution. Concededly except PWs.
G 1, 2 & 3 all other witnesses including PWs 4 to 14, 17-20, who
were eye witnesses and PW32 who was a panch witness were
declared hostile. Indisputably a judgment of conviction and
sentence as against the appellants were recorded by the learned
trial Judge as also the High Court only on the basis of the
H evidence of PWs. 1 to 3.
GURNUNATH DONKAPPA KERI AND ORS. V. 825
STATE OF KARNATAKA [S.B. SINHA, J]

t 8. Appellants before us do not deny or dispute the A
• occurrence of the incident. Death of three persons also stands
#'
admitted.

9. Mr. KV Viswanathan, learned counsel appearing on
behalf of the appellants in support of this appeal would raise
the following contentions :- B

I) PWs 1, 2 & 3 being closely related and they, being
'
/

inimically disposed of towards the appellants and,
"' thus, being interested witnesses should not have
been relied upon by the courts below. c
II) There being a large number of contradictions in their
depositions, the evidence of PWs 1-3 does not
inspire confidence.

Ill) PW-3 having not been named in the first information
D
report, no reliance could be placed upon his
evidence. Even the doctor in his register and other
documents did not record the names of the said
prosecution witness.
IV) The weapon of offence allegedly carried by the E
appellants being axe; their deposition in court that
assault took place with sticks, clearly demonstrates
that they were not the eye witnesses to the
occurrence ..
'" F
V) Exhibits P-29 and P-33 being medical certificates
having not contained names of any of the four
persons, including PW-3, who allegedly shifted the
deceased and the injured to Primary Health Centre,
the prosecution must be held to have failed to prove
its case. G

! VI) In the hospital register, the nature of the weapon used
or the names of the culprits do not find place, which
creates a suspicion in regard to participation of the
appellants in the commission of the crime.
H
826 SUPREME COURT REPORTS [2009] 7 S.C.R.

A VII) -t
If PW-3 was an eye witness his name should have
been mentioned in all those medical certificates.
VIII) For want of mentioning the mode of transport which
is said to be a tractor and the name of PW-3 in
Ext.P-1 and Exts. P-29 to P-33, it is difficult to believe
B that he was an eye witness.

IX) The clothes which were being worn by PWs. 1 and ,,
'
2 said to be stained with blood having not been
....
seized, the same, gives rise to a suspicion they in
c fact shifted the deceased to the Primary Health
Centre.

X) In view of the contradictory statements with regard to
the question whether PW-1 or PW-2 had in fact gone
to Village Primary Health Centre, the prosecution
D story becomes doubtful.
XI) The presence of accused No.1 with PW-1 having
not been supported by the Panch witnesses, it is
doubtful as to whether accused No.1 came to his
house to consult his sons and after sometime went
E back with other accused to assault on the three
;
deceased and the party.

XII) The depositions of PWs. 1 and 2 on their plain reading
would be found to be having parrot like statements,
F no reliance can be placed thereupon.
XIII) As on the same set of evidence A-7, A-8, A-11 and
A-12 were acquitted by the trial court and A-5, A-6
and A-13 by the High Court, it would not be safe to
convict and sentence the appellants on the basis of
G the contradictory version of the prosecution
witnesses ..
XIV) The first information report was lodged after a long
time and as such the prosecution story should not be
accepted.
H
'
GURNUNATH DONKAPPA KERI AND ORS. V. 827
STATE OF KARNATAKA [S.B. SINHA, J.]

• XV) The motive alleged by the prosecution arising out of A
a dispute on a trivial issue ordinarily would not give
:,
rise to an occasion of murder of the three persons.
10. Mr. Sanjay R. Hedge, learned counsel appearing for
the State, on the other hand would, contend:-
B
I) PWs 1 to 3, although are related to each other, they
being natural witnesses and their testimonies having
not been shaken in essential details, the court below
;, could not be said to have committed any error in
passing the impugned judgments particularly when
they being closely related to the accused, would not c
unnecessarily implicate them.
II) Although PWs. 1 and 3 in their evidence have stated
the weapons of offence as sticks whereas in the first
information report, they were mentioned as axe, their
D
;.. evidence cannot be disbelieved, more so when some
incised wounds were found on the persons of the
deceased.
Ill) The motive for killing of the three persons is evident
as it has been brought out on record from the E
deposition of PW-19 thatthe accused party had
clearly stated that as PWs. 1 and 2 had brought their
maternal uncles for the purpose of resolution of
dispute, they would not let them go and finish them.
IV) Non-mentioning of the names of the witnesses who F
had brought the deceased to the Primary Health,
Centre and later to the Civil Hospital, Belgaum is not
material as the doctors must be busy in attending
the patients immediately and naturally they would not
pay any attention to the persons who brought them
G
or record their statements or names.
V) Non-mentioning of the mode of transport and name
of PW-3 must be held to be an omission of a minor
nature as ordinarily such details are not necessarily
to be recorded in _contemporaneous documents. H
828 SUPREME COURT REPORTS [2009] 7 S.C.R.

A VI) Non seizure of the blood stained clothes worn by
PW-1 and PW-2 must also be viewed as a minor
error on the part of the Investigating Officer.
Vil) On a proper reading of the evidence of PW-2, it '
would appear that before the Village elders not only
B A-1 but also PW-1 was present and from the shop/
residence of Shivappa Bailappa Chikkanavar (PW-
21) they went to a tea shop.

VIII) Even the witnesses who had turned hostile in their ~

c deposition before the Court conceded that the
incident had taken place near the tea shop, goes to
show that they supported a part of the prosecution
case with regard to the place of occurrence.
IX) The first information report having been lodged within
D 2 Yi hours at Kulgod Police Sation, which is at a
distance of 16 kms. the truthfulness of the prosecution ...
case cannot be doubted.
X) In the first information report the name of PW-1 could
not have mentioned as regards the death of the three
E
deceased as they were sent to Civil Hospital,
Belgaum in injured conditions and the factum of the
death of all the three persons was not known.
XI) It is not correct to contend that the dispute was on a
F trivial issue, namely collection of few coconuts by A-
1, A-8 and A-5 accused No.1, but it was a
longstanding boundary dispute.
11. A holistic approach, in our opinion, is required to be
taken in a case of this nature.
G
The first information report, having regard to the distance
between the place of occurrence and the police station cannot
be said to have been lodged after a long delay. The incident
took place at about 2 O' clock in the afternoon. It must have
continued for sometime. The mental condition of the prosecution
H
- GURNUNATH DONKAPPA KERI AND ORS. V.
STATE OF KARNATAKA [S.S. SINHA, J.]
829

witnesses can be well imagined. They had to arrange a transport A
to take three persons who were severely injured to the hospital
particularly when one of them had suffered grievous injuries.
They were taken to the Primary Health Centre of the village.
12. Dr. Siddramappa, PW-25, noticed the following injuries
on the deceased :- B

'
/
DECEASED VITTAL TIMMAPPA LADDI
):
"1. Laceration injury in left side of parietal region, 3" x 2".

2. Abrasion in on left side of forehead and left temporal c
region.

3. Lacerated wound in occipital region 3 in number 1 W'
x 1" x W'; 1" x X" x X"; W' x %"x%".

4. Abrasion on left side of knee."
D
DECEASED VENKAPPA TIMMAPPA LADD!
1. Two vertical 8" x1" contusions on right posterior
axillary line 1" apart from each other.
2. Two parallel vertical 6" x 1" reddish contusion left E
part of oxillary line on body.
3. Contusion injury in the back on left scapular region
roundish.
" 4. Laceration injury in the frontal region 3" x 2" x 1". F
5. Laceration injury in the left side of temporal region 4"
x 2" x 1".
6. Laceration injury in the occipital region 2" x 1" x 1 %"."
DECEASED VITTAL YALLAWA HARIJANA G
f 1. Bruise cum laceration in the occipital region 2" x 1" ·
x2".
2. Injury seen on left lower limb at the junction of upper
213rd and lower 113rd looks like fracture of both bones. H
830 SUPREME COURT REPORTS [2009] 7 S.C.R.

A 3. Lacerated injury in the parietal region 2" x 2" x 1"."

The doctor was of the opinion, keeping in view the '
~

infrastructure available at Primary Health Centre, that they could
not have been properly treated. They were, thus, advised to take
them to Civil Hospital at Belgaum. The distance between the
B village and Belgaum is also considerable.

13. The post-mortem reports of the three deceased show ·''
the nature of injuries suffered by them. We may reproduce the .:i
same heretobelow:-
c DECEASED VIDAL TIMMAPPA LADD! -

"1. Sutured wound left parietal area 3" in length.

2. Abrasions covering left 113rct of forehead and left
temporal area blackish in colour.
D
3. 3 wounds on the occipital area as shown in the figure 1
%" x 1" ; 1" x %" and %" x %:, blood dot bone exposed.
in on left side of forehead and left temporal region.

E 4. Abrasion left knee 1" x 1 %". "

DECEASED VENKAPPA TIMMAPPA LADD!

1. Two parallel, vertical 8" x 1"contusion reddish in colour
on right post axillary line 1" apart on back.
F 2. Two parallel, vertical 6* x 1" reddish contusion on left
post axillary line on back.
3. Defused contusion on the back.
4. Sutured wound from frontal hair line in the centre
G extending upwards 2 %" - incised, bone deep wound.
•
5. Sutured wound in occipital region, irregular 2" x %"
- lacerated wounds.
6. Parallel to injury. No.5 bone deep sutured wound 2"
H in length lacerated.
---;,
GURNUNATH DONKAPPA KERI AND ORS. V. 831
., STATE OF KARNATAKA [S.B. SINHA, J.]
t 7. Parallel to injury No.6 bone deep sutured wound 1" A
- lacerated.
'
8. 2 Yi long bone deep sutured wound on left fronto
_, parietal region. Injury Nos. 4, 5, 6, 7, 8 clotted blood
...1 present.
B
9. Dark brown colour contusion on a dorsum of the right
) hand 2" x 'Xi" Posterior laternal aspect of right arm,
Yi x 'Xi"
~

10. Contusion bridge of the nose.
c-
11 Multiple dark brown abrasions of forehead ranging
from 4 cm to 21 Yi ems.
12. Lacerated wound on mid shin It. leg 1" x Yi''
13. Contusion, ant-;rior aspect of left knee Yi" X 'Xi". "
D
~
14. Before coming to the police station, PW-1 got the first
information report scribed by PW-2 who is a graduate in
Science. He wrote the same in English. That must have also
consumed some time. It was in the aforementioned
circumstances that the first information report was lodged at E
the Police Station within a period of 2 Yi hours from the time
when the incident had taken place; the police station being at a
distance of 16 kms from the village.
1' We, therefore, do not find that any delay at all was caused
in lodging the same. F

15. The evidence of PW-34, that only PW-1 was present
at the time of recording of the first information report is of no
consequence.

- ~
Admittedly PW-1 was the first informant. The Head G
Constable could not have remembered as to who else had come
with him. He could have refreshed his memory on the basis of
the first information report alone.
It is true that whereas in the first information report the overt
H
832 SUPREME COURT REPORTS [2009] 7 S.C.R
•
A act on the part of the appellants was said to have been caused t

with axe, in their depositions no prosecution witness stated that
overt act was caused with bamboo sticks. ·
16. The deceased were seriously injured. It is, therefore,
not expected of PW-25 to record in detail the names of the '
!'
B
persons who had brought them to the Primary Health Centre or
the transport in which they were brought. Their condition was
serious. Naturally the first concern was to see that the available
medical aid is provided to them so that they could reach Civil )
"
Hospital, Belgaum as early as possible. The priority of the doctor
c would be to save the lives of the injured and not to make entries.
Furthermore there was not only one injured, there were three
persons who had suffered grievous injuries. The doctor was also
required to notice the number of injuries suffered by them. He
did so.
D
17. PW-25, Dr. Ashok, who conducted the postmortem J

examination on the dead body of deceased Venkappa Laddi
opined that the death was due to head injuries. Dr. Sycheta
Manohr, PW-26, who conducted the postmortem examination
E on the dead body of Vittal Thimappa Laddi stated the cause of
death of the deceased as coma secondary to injury to the vital
organ. Dr. Vijyvithal, PW-29, who conducted the postmortem
examination of the dead body of Vittal Harijan opined that the ~

death was due to coma as a result of negugin shock secondary
F to fracture skull, haemotoma brain and laceration of left temporal
lobe of brain.
Each of the deceased also appears to have suffered one
incised wound.
G 18. PW-34, Pl.S. registered the case. He recorded the
statements of PWs. 1, 2, 8, 9, 10, 17, 18, 20, 21 and 24. He
drew the map of the place of occurrence.
The investigation in the case was completed by C.P.I.
- ;

Sangangouda Shivangouda Patil, PW-40.
H
GURNUNATH DONKAPPA KERI AND ORS. V. 833
STATE OF KARNATAKA [S.B. SINHA, J.]

-
t 19. We may notice the evidence of PWs. 1, 2 and 3 in A
regard to the overt acts committed on the deceased.
In the first informatiorfreport it is stated :-

"Subhash hit with axe twice on the head of my uncle Vittal
Laddi. He fell down and in fear we started running. My B
uncle Venkappa was chased by two persons of
Gataprabha, caught him and Gurunath assaulted
,,
Venkappa by hitting on the head with the axe twice. And
l(
Srimantha hit twice with axe on the head of Ven kappa and
two persons from Ghataprabha held tightly Vittal Harijana, c
and Ashok assaulted Vittal with axes on the head. Then
he fell down and Donkappa with his cane hit him on his left
knee, and Hanumantha and Govindappa assaulted
Shivappa Savalagi with hatchets on his head and other
parts of the body".
D
PW-1 in his deposition stated :-
"That had come there assaulted Vithal Harijan with a
Bidaria stick on his head and then the deceased Venkappa
Laddi tried to run by getting down the steps towards the
Nala being afraid of the accused, and A. Nos. 2, 3 and a
E
person from Ghp. assaulted Venkappa Laddi with stick
on his head, and Venkapa Laddi fell down sustaining
injuries on his head and fell down on the ground."

PW-2 in his deposition stated :- F
"Then myself and PW-1 went by the side of the liquor shop
and when my mother's younger brother Venkappa Laddi
was going towards the Nala A. Nos. 2, 3 and 2 persons
of Ghp wearing Dhoti followed them and A. Nos. 2 and 3
assaulted with sticks on the head and leg of Venkappa G

- ~
Laddi."
PW-3 in his deposition stated :-
"A. nos. 2 and 3 and 2 persons who were wearing dhoti
assaulted Venkappa Laddi, who was running towards the H
834 SUPREME COURT REPORTS [2009] 7 S.C.R.

A Nala. And when he was 2 step down, he was assaulted by .
them with sticks on his head, and on receiving the bleeding
injuries, he fell down unconscious."
· 20. Except contending that depositions of PWs 1 to 3 are
tutored ones and they had made parrot like statements, Mr.
B Viswanathan has not been able to show before us that the
depositions:of three witnesses had been shaken in cross-
examination in essential particulars. A longstanding The '41
boundary dispute between the parties is not denied or disputed.
The fact that the deceased were called for by the prosecution
..
c witnesses is also not denied or disputed. Their presence in the'
village is accepted.
21. The possibility that some of them were carrying axe
and some of them lathis cannot be ruled out. Even the blunt
portion of axe can produce the same nature of injuries.
D
22. We are also not in a position to accept the submission 4
of the learned counsel that motive to commit the overt act must
be disbelieved. The parties were on litigating terms. They had
filed suits against each other. Boundary dispute between them
E was an old one. It may be true that quarrel started on collection
of a few coconuts which fell on the land of the accused but they
were collected on the premise that some coconut trees were
within their own land.
23. PW-1 in his evidence clearly stated that coconut trees
F were standing on their land whereas as per the testimony of
PW-2 and PW-3 they were standing on the bandh. The very fact
that there existed a boundary dispute must have prompted PWs.
1 and 2 to call their maternal uncles.
G 24. There is overwhelming evidence on record to show
that the incident had taken place in the village.
Once the genesis of the occurrence is proved, it is now +
well-settled, contradictions which are minor in nature would not
be sufficient to dispel the entire prosecution case. It is true that
H all the three prosecution witnesses who have been relied upon
GURNUNATH DONKAPPA KERI AND ORS. V. 835
STATE OF KARNATAKA [S.B. SINHA, J]

~
by the courts below are interested witnesses. It must, however, A
be borne in mind that despite existence of their animosity,

-
-< keeping in view the relationship between the parties, it is unlikely
that they would be falsely implicated.
25. We have noticed hereinbefore the manner in which
the entire incident had taken place. Prosecution witnesses B
intended that the disputes between them should be settled
through mediation. It is only with that intent in view they brought
,' the deceased to their own village so that the village elders may
~
intervene in the matter so as to end their longstanding disputes.
c
The reason for attack on the deceased, as revealed by
PW-2, is that as they had brought their maternal uncle to resolve
the dispute, they would not let them go and finish them. Almost
to the same effect is the statement of PW-9.
An effort had been made even by the village elders. Various D
options must have been given to the accused persons. One of
the options which was given to the accused was to quote from
the deposition of one of the prosecution witness, was "It is true,
that we the elders told both the sides to settle the matter either
by giving some portion of the land, or by taking some portion of E
the land". Accused No. 1 being the head of the family intended
to consult his children only to know their view-points so that
further negotiations may take place. They had gone to. . .
a tea.
shop for taking a cup of tea. They never expected that they would
be attacked by the accused persons. They evident(y did not F
comprehend that the deceased would be subjected to attack in
the manner in which it was done.
26. All the prosecution witnesses are natural witnesses.
The essential ingredients to prove the crime against the accused
have categorically been stated by them. Both the courts below G
_.. have placed implicit reliance on their testimonies.
~
Our attention has not been drawn to any major contradiction
in the deposition of the witnesses so as to disbelieve the entire
prosecution case. The very fact that they had been taking the
H
836 SUPREME COURT REPORTS (2009] 7 S.C.R.

A deceased who were grievously injured at that point of time from
hospital to hospital is itself a pointer to show the state of mind
..
they were having at the relevant time. It is, therefore, too much ,...
to expect that they would not only state the details of the manner
in which the occurrence had taken place but also the names of
--
B all the persons who witnessed the same.
27. It is not the requirement of law that the doctors, even
before admitting the injured or during their treatment, must note
down every bit of details of the incident or names of the
_.
witnesses in the registers maintained by them. If the doctors
c were engaged in discharge of their primary duty, viz., attending
to the patients, we are of the opinion that only because in the
registers the name of PW-3, who is said to have shifted them to
the hospital, had not been mentioned by itself can be a ground
for not relying on his testimony in support of the prosecution
D case. Such details are not necessarily recorded in the
contemporaneous document. In any event, the purported
discrepancies in the evidence of the prosecution witnesses as
to who had shifted the injured to hospital or the mode of
transportation, is minor in nature. For the self-same reason, only
E because his name was not mentioned in the First Information
Report, may not itself be sufficient to discard his evidence
particularly in view of the fact that whereas PW-1 went to the
police station to lodge the First Information Report, services of
PW-3 and others must have been taken for the purpose of
F shifting the deceased and injured to the hospital.
28. Mr. Viswanathan pointed out that blood-stained clothes
of the witnesses were not seized. Even if it is accepted, the
same merely points out an error on the part of the investigation
officer. The same, by itself, is sufficient to discard the entire
G prosecution case.
Statements of PWs 1 and 2 as regards the name of the
• ""
person who had gone to village in question to bring the
deceased cannot be said to be decisive. Attention of the
witnesses was not drawn to their earlier statements in cross-
H
GURNUNATH DONKAPPA KERI AND ORS. V. 837
STATE OF KARNATAKA [S.B. SINHA, J.]

f examination. Furthermore, the evidence that the deceased had A
come to the village for the purpose of resolution of dispute being
consistent, it is difficult to disbelieve it. It is absolutely consistent
in nature.
29. Submission of Mr. Viswanathan that, on the one hand
that PWs 1 and 2 had contradicted themselves as to who had 8
gone to the Village Primary Health Centre and at the same time
his submission that they had been making the comments that
they had been tutored do not go together. It is evident from the
• evidence of the prosecution witnesses that for the purpose of
holding negotiations PW-1, on the one side and the Accused C
No. 1 from the other were present. It was only after the suggestion
for the purpose of resolution of the dispute had been given, they
had come to the tea stall.
It is true that PW-7, the owner of the tempo trax, turned
0
hostile. The said witnesses, flowever, conceded that some
" incident had taken place near the tea shop. Some transport
must have been used for taking them to the hospital. The
statement of PW-7 had also been recorded under Section 164
of the Code of Criminal Procedure. He, however, as noticed,
turned hostile. E

30. Having regard to the evidences brought on record by
the prosecution, we are of the opinion that only because other
witnesses have turned hostile, the same should not by itself oe
t a ground for coming to a conclusion that the incident had not F
taken place near the shop of PW-9.
31. It is also difficult to accept the argument of Mr.
Viswanathan that only because Accused Nos. 7, 8, 11and12
have been acquitted, the same by itself should be a ground for
recording a judgment of acquittal of the appellants. G
~ 32. Submission of Mr. Viswanathan that the prosecution
has failed to show as to why a First Information Report was
recorded under Sections 143, 147, 148, 324, 504 read with
Section 149 of the Indian Penal Code which would go to show H
838 SUPREME COURT REPORTS [2009) 7 S.C.R.

A that the deceased was alive till 1730 hrs, cannot be accepted. ~

They were being taken to the Civil Hospital, Belgaum. When
the First Information Report was being recorded, the deceased
were on their way to Civil Hospital, Belgaum. The factum of their
death was, thus, not known to PW-1.
B 33. For the reasons stated hereinbefore, we are also not
in a position to agree with the submission of Mr. Viswanathan
that motive alleged being a trivial one, the prosecution case "....
should not be believed as the dispute being related to boundary
•
c
of agricultural fields, the parties were on litigating terms for a
long time.
34. For the reasons aforementioned, there is no merit in
-
this appeal, which is dismissed accordingly.

B.B.B. Appeal dismissed.
~