ANANDA RAMAPPA MANAVADDAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Sri Hashmath Pasha, learned senior counsel and Sri Girish B. Baladare, learned counsel for the appellants, have argued the matter through video conference and Sri Vijaya Kumar Majage, learned Addl. SPP argued the matter being present in the open Court. 21(a). Criminal Appeal No.270/2015 is filed by Accused Nos.1,2 and 5; Criminal Appeal No.376/2015 is filed by Accused No.3; and Criminal Appeal No.642/2015 is filed by Accused No.4, against the common Judgment and order of conviction and sentence dated 30.12.2014 made in S.C. No.34/2013 on the file of the II Addl. Sessions Judge, Chikmagaluru convicting the Accused Nos.1 to 5 for the offences punishable under Sections 302 , 201 r/w 34 of IPC and sentencing them to undergo imprisonment for life and to pay fine of Rs.15,000/- each and in default of payment of fine to undergo further Simple Imprisonment for a period of one year for the offence punishable under Section 302 r/w 34 of IPC and to undergo rigorous imprisonment for a period of three years for the offence punishable under Section 201 r/w 34 of IPC .

(2.) It is the case of the prosecution that the deceased Anil Maruthi Kambar, was working in the Jewelry shop of PW.18 (CW.32) - Sri Vijayakumar Bapna. On 26.10.2012, PW.18 had sent the deceased to Chennai to collect gold from the jewelry shop owners at Chennai. Accordingly on 29.10.2012 the deceased collected gold ingots and jewels from the Jewelry shops at Chennai and also had collected cash of Rs.4,18,000/- from one Sri Aseem Mallik at Bangalore and was on his way back to Gokak. But on 30.10.2012 at about 3.30 to 4.00 p.m., the accused persons got in contact with the deceased and took him in a Maruthi car towards Hubli and committed his murder near Rainala village, on Hubli-Dharwad road, and took the gold ingots, jewels and cash form the deceased and dumped his dead body near a bridge at Kanive-Dasarahalli, on Chikmagaluru-Kadur road, Chikmagaluru taluk, to screen the offence. The intention of murder was for gain. After investigation, the jurisdictional Investigating Officer filed the charge sheet against the accused for the offences punishable under Sections 302 and 201 r/w Section-34 of IPC . It is further case of the prosecution that after apprehending Accused Nos.1 to 5 by the concerned Police, the matter was committed to the Prl. Sessions Judge, Chikmagalur.

(3.) In order to prove the guilt of the accused, the prosecution examined PWs.1 to 34 and got marked the documents - Ex.P1 to Ex.P52 and MOs.1 to 15.