LAKANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is arraigned as accused No.2 in the charge sheet laid by the respondent-police alleging commission of offences punishable under Sections 143, 147, 148, 302, 201, 120B r/w 149 of IPC and Section 25 of the Indian Arms Act, 1959.

(2.) The case of the prosecution is that on account of certain dispute between accused No.1 and the deceased over money transaction, on 05.02.2018 at about 05.00 p.m. accused Nos.2, 3, 4 and 5 came in an Indica Car bearing registration No.KA-51-B-2120 and accused Nos.1, 7 and 8 came to the spot in another car and accused Nos.2, 3 and 4 assaulted the deceased with 'Talwars' causing instantaneous death of the deceased by name Kumar @ Pichu Kumar in front of Pooja Apartment. Complaint was lodged by the father of the deceased against four unknown persons. In the complaint, the registration number of the Tata Indica car was also mentioned.

(3.) In the course of investigation, petitioner herein along accused Nos.3, 5 and 6 were arrested on 16.02.2018. Accused No.1, 5 to 9 were arrested on 11.02.2018. Based on the voluntary statement of the accused, cars used for the commission of the offence as well as the weapons were recovered at the instance of accused Nos.1, 5 and 6. Thus, the case of the prosecution is that on account of the alleged ill-will, all the accused persons conspired to liquidate the deceased and on date of the incident, all the accused persons in furtherance of their common intention and conspiracy committed the murder of the deceased.