KASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though the appeal is posted for consideration of IA.No.1/2018 for early hearing, with consent of both the parties the matter is taken up for final hearing.

(2.) The accused 1 to 3, who are appellants herein, were charged for the offences punishable under Sections 302, 120(B), 109 r/w 34 of IPC in S.C.No.86/2013 by the learned I Addl. District and Sessions Judge, Bagalkot. The learned Sessions Judge, by judgment and order of conviction dated 26.11.2016 convicted the accused for the offences referred to above and sentenced them to undergo imprisonment for life and they shall also pay fine of Rs.10,000/- each and in default shall undergo imprisonment for one year. Challenging the same, this appeal is filed by the accused.

(3.) Learned counsel for the appellants submits that the learned Sessions Judge has committed an error in convicting the accused without providing an opportunity to the appellants to cross-examine the prosecution witnesses. Though the accused had engaged a counsel, he was not so efficient in conducting Sessions cases and hence he has also participated in the case and the same has been recorded. Further, without providing an opportunity to the accused persons to defend themselves and also not complying Article 21 of the Constitution of India, the accused persons have been convicted. Hence, the conviction is bad in law and contrary to Article 21 of Constitution of India and settled principles of law. He also submits that the accused persons are very poor and they were not in a position to engage the counsel for effective representation, and as such, had engaged a counsel who was not well-versed in criminal matters. The learned counsel did not participate for the purpose of cross examination which was denial of valuable right in favour of the accused. Hence, he seeks to allow this appeal and to set aside the judgment and order of conviction passed by the learned Sessions Judge and further direct the respondent to set off and set free the accused persons. In support of his contention the learned counsel has relied upon the judgment of this Court in the case of Somappa Hanamanthappa Chouraddi Vs State of Karnataka reported in, 1986 ILR(Kar) 1766, wherein the Court held at Paragraph No.3, which reads as under: