(1.) These criminal appeals have been preferred against the impugned judgment and order dated 8.9.2010, passed by the High Court of Karnataka at Bangalore in Criminal Appeal Nos.833, 855 and 864 of 2008 by which the High Court has affirmed the death sentence and confirmed the judgment and orders of the learned District & Sessions Judge dated 11/17.7.2008, passed in Sessions Case No.152 of 2005 with certain observation about the charging Sections of the Indian Penal Code 1860 (hereinafter referred to as 'IPC') by which and whereunder the appellants have been convicted under Sections 364/302/201 r/w Section 34 IPC and for the offences punishable under Section 364 r/w Section 34 IPC, sentenced to undergo RI for 7 years and a fine of Rs.25,000/- each and in default of payment of fine to undergo a further imprisonment for a period of 18 months. They have been further convicted under Section 201 r/w Section 34 IPC and sentenced to undergo RI for 5 years and a fine of Rs.10,000/- each and in default to undergo further RI for a period of 12 months. All the three appellants have been further convicted under Section 302 r/w Section 34 IPC and awarded death penalty.
(2.) Facts and circumstances giving rise to these appeals are that:
(3.) Mr. N.D.B. Raju and Mr. Amit Kumar, learned counsel appearing for the appellants have agitated all the issues which had been raised on behalf of the appellants before the Trial Court as well as before the High Court and have taken us through the evidence recorded before the Trial Court. According to them there is nothing on record to show that the death of the deceased was homicidal or he was even abducted by the appellants, what to talk of causing death of deceased Madhusudhan. In the absence of any material on record to prove that his head was chopped off by any of the appellants, their conviction is bad, particularly in view of the fact that there is no evidence to show that the appellants had buried the lower portion of the corpse in the forest and threw the head in the flowing river. More so, the High Court had taken a view that the conviction under particular provisions of IPC by the Trial Court was not justified, meaning thereby that the Trial Court did not frame the charges properly. Even the money shown to have been recovered from the appellants had been planted and not actually recovered. Most of the witnesses examined by the prosecution are relatives of the deceased. There are material contradictions in the deposition of the witnesses and a large number of witnesses to some of the recoveries have been withheld. Only the police personnel have been made the recovery witnesses though large number of persons had gathered and were available for being made the recovery witnesses.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN