RAJAPPA AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.1 to 3 have filed the present appeal against the judgment and order of conviction dated 24.07.2015 made in S.C.No.119/2012 on the file of the Principal District and Sessions Judge, Chitradurga, sentencing the accused persons for the offences punishable under Sections 302, 120B and 201 read with Section 34 of Indian Penal Code (for short 'IPC ') for imprisonment of life and fine of Rs.10,000/- each for the offence punishable under Section 302 read with Section 34 of IPC and in default to pay the fine amount, they shall further suffer simple imprisonment for a period of three years and they shall suffer imprisonment for life and also shall pay fine of Rs.10,000/- each for the offence punishable under Section 120B read with Section 34 of IPC and in default to pay fine amount, they shall further suffer simple imprisonment for a period of three years and they shall suffer rigorous imprisonment for a period of five years and also shall pay fine of Rs.5,000/- each for the offence punishable under Section 201 read with Section 34 of IPC and in default to pay the fine amount, they shall further suffer simple imprisonment for a period of one year.

(2.) It is the case of the prosecution that accused No.1-Rajappa being the elder brother of the deceased Manjappa alias Manjunatha had an intention to do away the life of said Manjappa @ Manjunatha for the purpose of gaining his property, therefore, he approached accused No.2-Yallesh and accused No.3- Umesh both being the Supari killers and asked them to do away the life of his brother Manjappa @ Manjunatha by promising them to pay some amount. Accordingly, accused Nos.2 and 3 as supari killers agreed to commit murder of the said Manjappa @ Manjunatha (deceased). Consequent upon the said conspiracy, that on 27.04.2012 in the afternoon hours, accused Nos.2 and 3 under the pretext of jackfruit sellers, secured the deceased-Manjappa @ Manjunatha to his garden land situated at Vaddara Palya village, Chitradurga taluk wherein, jackfruit trees have been grown. They entered into a contract with deceased under the pretext to purchase the jackfruits which have been grown therein. When the deceased was in the said garden land around 5.15 p.m., accused No.2 threw chilli powder to his eyes and all the accused knocked him to the ground, wherein accused Nos.2 and 3 sat upon him and held him tightly. At that time, accused No.1 strangulated the neck of the deceased with a drip wire and also with a clutch wire and caused his death by chocking. In order to cause disappearance of evidence for having committed the murder, the accused took the dead body of the deceased in his car bearing No.KA-16/M-6630 towards Hosuru village, Chennagiri taluk and on the way leading Kashipura village, near Kerebilachi Channel, accused made the dead body of the deceased be sat in the driver seat of the car and pushed the car into the Kerebilichi Channel to make believe as if he died in a car accident by driving the car in a rash and negligent manner and fell into the said channel. Initially, on the basis of the complaint made by PW.28-Netravathi, the Jurisdictional Police registered the case in Crime No.59/2012 for the offence punishable under Sections 279, 304A of IPC. After investigation, Section 302 was inserted. The J.M.F.C., Chitradurga took cognizance of the offence and committed the case to the Court of Sessions. Learned Sessions Judge framed the charge on 02.11.2012 for the offence punishable under Sections 302, 201, 120B read with Section 34 of IPC and the charges were read over to the accused in Kannada language known to them. The accused have pleaded not guilty and claimed to be tried. In order to substantiate the case, the prosecution in all examined 28 witnesses as per PW.1 to PW.28, got marked 36 documents as per Ex.P.1 to Ex.P.36, got marked 11 material objects as per M.O.1 to M.O.11 and the accused got marked one document as per Ex.D1.

(3.) After completion of the evidence of the prosecution witnesses, the statement of the accused persons was recorded under the provisions of Section 313 of Cr.P.C. The accused persons denied the incriminating evidence adduced against them and did not come forward to adduce the defence evidence as contemplated under Section 233 of Cr.P.C. However, in the cross-examination of PW.3, Ex.D1 and D1(a) are marked as the relevant portion in the statement of PW.3.