DINESH B.S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two appeals are filed by the accused No. 1 ("A-1") (Kadira Jeevan) and accused No. 3 ("A-3") (B.S. Dinesh) who are challenging the decision of the High Court dtd. 28/7/2009 in Criminal Appeal Nos. 1528 of 2006 and 1529 of 2006. The two appellants are convicted for the offence under Sec. 302 read with Sec. 112 read with Sec. 34 IPC and sentenced to, inter alia, life imprisonment. The third accused i.e., accused No. 8 ("A-8") (M.C. Ganesh @ Ganeshwara), who was ascribed the role of shooting the deceased, had filed the appeal [SLP (Crl.) @ Crl. M.P. No. 3784 of 2013] but the same was dismissed by this Court on 1/4/2013.

(2.) We have heard Mr. Dama Seshadri Naidu, learned senior counsel along with Mr. Pai Amit, learned counsel appearing for A-1. A-3 is represented by Ms. N.S. Nappinai, learned counsel, assisted by Mr. V. Balaji, learned counsel. The respondent - State of Karnataka is represented by Mr. Nishant Patil, learned AAG.

(3.) The case set up by the prosecution is that on 6/8/1994 at about 10:30 p.m., the accused persons committed the murder of one Shanmugam by shooting him down with a SBBL shot and the gun is stated to have been fired by A-8.