SYED BASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Appeal No.200004/2015 has been filed by the appellant/accused No.1 and Criminal Appeal No.200122/2014 has been filed by appellant/accused No.2 challenging the judgment of conviction and order of sentence passed by the II-Addl. Sessions Judge, Raichur, in S.C.No.33/2013 dated 25.03.2014.

(2.) We have heard the learned counsel Sri Nandakishore Boob, for appellant/accused No.1 in Crl.A.No.200004/2015; Sri Mahantesh H. Desai, learned counsel for appellant/accused No.2 in Crl.A.No.200122/2014; and Sri Prakash Yeli, learned Addl. SPP for the respondent/State.

(3.) The genesis of the case of the prosecution in brief is that on 17.04.2012 at about 11:30 p.m. accused Nos.1 and 2 with common intention to rob the belongings of deceased-Nagaraj picked him up on a motorcycle bearing Reg.No.KA-36-A-9970 near SNT talkies, Raichur and caused his death by throwing stone on his head and took away an amount of Rs.1,000/-, a Karbonn company mobile phone and also his motorcycle. It is further case of the prosecution that CW-13-Rangappa came at about 7:00 a.m. and informed one Anjaneya who was working as a clerk in Srinivas flour mill that one male dead body has fallen at a distance of 200-300 feet away from their main gate. Immediately he went there and saw the dead body and found injuries over the dead body and went to the police station and filed a complaint. On the basis of the complaint, a case has been registered in Crime No.36/2012. Thereafter, charge sheet came to be filed.