VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals by special leave filed by original accused Nos.1 to 4 are directed against the common judgment and order dtd. 4/9/2017 passed by the High Court [The High Court of Karnataka at Bengaluru] in Criminal Reference Case No.14 of 2010; and in Criminal Appeal No.799 of 2011 and Criminal Appeal No.637 of 2012.

(2.) The appellants along with original accused Nos.5 to 9 were tried by the Trial Court [XXXIV Additional City Civil and Sessions Judge (Special Court), Central Prison Premises, Bengaluru] in Sessions Case No.443 of 2001 and Sessions Case No.55 of 2004 for having committed offence punishable under Sec. 396 of the IPC [The Indian Penal Code, 1860]. Accused No.9 died during the pendency of the trial and the proceedings against her stood abated. The Trial Court2 acquitted original accused Nos.5 to 8 by its judgment dtd. 17/9/2010 but convicted the appellants for having committed offences punishable under Sec. 396 read with Sec. 34 of the IPC3. By a subsequent order of punishment dtd. 30/9/2010, the Trial Court imposed death sentence upon all the appellants for the offence committed by them.

(3.) This resulted in Criminal Reference Case No.14 of 2010 for confirmation of death sentence before the High Court. The convicted accused, namely, the appellants herein also preferred Criminal Appeal Nos.799 of 2011 and 637 of 2012 in the High Court. By its judgment and order presently under challenge, the High Court did not find sufficient reasons to affirm the death sentence. It found that the appellants were guilty of having committed the offence under Sec. 394 of the IPC3 and sentenced them to suffer life imprisonment.