MANJUNATHA, HANUMANTHARAYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant who was arrayed as accused No.2 in S.C.No.89/2012 who was convicted vide judgment dated 26.02.2013 by Fast Track Court-V at Madhugiri, is before us by way of this appeal. The Trial Court has convicted the appellant for the offence under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.10,000/- with default sentence of 2 years rigorous imprisonment. The appellant was also sentenced for the offence under Section 201 of IPC for a period of 7 years and to pay a fine of Rs.5,000/- with default sentence. Earlier, two accused persons were arrayed before the Trial Court. The mother of the appellant was also arrayed as accused. She was acquitted for the above said charges.

(2.) We have heard the learned Counsel for the appellant and the learned Additional SPP for the State and we have carefully perused the entire materials on record.

(3.) The brief factual matrix of the case are, that PW-2 Smt. Geetha, wife of PW-1 Hanumantharaju were all residing at Thovinakere village along with their son by name Manoj Kumar and another child by name Chandana. On 31.10.2011, they found their son missing from the said village. The complainant Smt. Geetha was doing groundnut business in her village and her husband PW-1 was a driver of a bus. Everyday they used to go out from the house at 5'O clock in the morning leaving their children near the shop of a person by name Jayanna. It is their case that as usual, on 31.10.2011 also, they left Manoj Kumar and Chandana near the house of one Jayanna and they went to their regular work. PW-2 came back at 8.45 p.m. and found that their son Manoj Kumar was missing and their daughter Chandana alone was there. They searched for Manoj Kumar in their relatives and friends house and they could not trace him. Therefore, PW-2 has lodged a missing complaint and the same was registered in Crime No.284/2011 and the police have taken up the investigation.