K T MOHAMMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals are preferred by the appellants, K. T. Mohammed and T. S. Chandrashekhar alias Chandra challenging the correctness of the judgment rendered in criminal Appeal No. 70 of 1986 as well as Criminal Appeal No. 315 and 365 of 1985 on the file of the High court of Karnataka at Bangalore.

(2.) Both these appellants took their trial for offences under S. 120-B, 302 read with 34 Indian Penal Code (four counts) and 392 Indian Penal Code on the allegations that on 27.8.83, they entered into a criminal conspiracy, to doan illegal act, to wit, to rob and murder the deceased, Manjunatha and A. S Lokesh, viswanatha Rai and Shivappa in pursuance of that conspiracy on 28.8. 83 between 2. 00 a. m. to 6. 00 a. m. they caused the murder of the above four persons beating them with wooden logs in furtherance of their common intention on the highway between Thirthahalli and anandapura at a place near Sankadahole and also robbed Lokesh of Rs. 1,15,000/-

(3.) The facts of the case are well set out in the impugned judgment of the High court and we think that it is not necessary to reiterate the same as the learned counsel appearing for the appellants has confined his arguments only with regard to the imposition of death sentence by the high court by allowing the State appeal.