MANJUNATHA ALIAS MANJA ALIAS GUTTA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction dated 23.2.2011 passed by the Fast Track Court at K.G.F. in SC.No.117/2009 convicting the accused for the offences punishable under Sections 120B and 302 of IPC, is called in question in this appeal by the convicted accused.

(2.) CASE of the prosecution in brief is that deceased Ashok used to play gambling cards with accused; whenever they used to play, the deceased used to be winner; deceased as well as the accused were doing stone breaking work for their livelihood; on 4.7.2009 at about 4.00 p.m. accused No.2 called the deceased over to his cell phone and asked him to come for playing cards; accused Nos.1 and 2 took the deceased Ashok in a motorcycle belonging to PW.16 to Karebele Forest area near Bangarpet and sat under a tamarind tree; accused No.2 came from behind the deceased and held his neck tightly with the belt; after 2 to 3 minutes, deceased Ashok fell down because of strangulation and suffocation; the victim was dragged by accused Nos.1 and 2 to a distance of about 6 feet towards North and to confirm the death of the deceased, accused No.2 took a size stone and dropped it on the face of the deceased; accused No.1 took the said stone and dropped on the face of deceased Ashok; both the accused took away cash of Rs.17,000/ -, two golden rings, a golden chain and mobile phone from the deceased and ran from the scene; deceased died instantaneously.

(3.) IN order to prove its case, the prosecution in all has examined 27 witnesses and marked 26 Exhibits and 17 Material Objects. On behalf of the defence, no witness was examined. The trial Court on evaluation of the material on record, convicted the accused.