VENKATESHA @ ANTA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by accused Nos.1 and 2, being aggrieved by the judgment and order of conviction and sentence dated 6.3.2013 passed by the learned Presiding Officer of Fast Track Court- IX, Bangalore City in SC.No.1499/2011, by which accused Nos.1 and 2-appellants herein were convicted for the offence punishable under Section 302 r/w. Section 34 of IPC and they were sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- each, in default, to undergo further imprisonment for a period of six months each.

(2.) Brief facts of the prosecution case as per the averments made in the complaint lodged by one K.M.Govindharaju are that on 31.5.2011 during night hours, when he was on duty, the SHO of the Police Station instructed him to go in Hoysala-20 vehicle along with DPC1563 and PC5940 to do night beat. Accordingly, when they were on beat duty, on 1.6.2011 at about 4.45 a.m., Mohan Kumar came from City to Bajar Street via Yashwanthpur Railway Station, near Sulabh Shouchalaya on the left side nearby an electric pole, they saw one person lying with blood injuries. The complainant stopped the vehicle and went to the place and found the said person lying, who was aged about 25 to 30 years. The said person was wearing white colour T-shirt and cement colour pant. On the forehead at two places, at the neck portion and on the left shoulder portion, he sustained injuries because of assault by macchu and he died at the spot itself. When he enquired about the said person, he did not get any clue. Some unknown persons committed the murder of the deceased by assaulting him with macchu. Therefore, the complainant requested the police to trace out the culprits and to take appropriate action against them.

(3.) On the basis of the said complaint, a case came to be registered in Crime No.172/2011 by Yeshwanthapura Police for the offence punishable under Section 302 of IPC. After completion of investigation, the Investigating Officer filed the charge sheet against both the accused persons for the offence punishable under Section 302 r/w. Section 34 of IPC.