LAKSHMANA NAIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by Accused No.2 under Sec. 374(2) of Code of Criminal Procedure (hereinafter for short, referred to as 'Cr.P.C.') against the judgment of conviction and order of sentence passed by the II Additional Sessions Judge, Chikmagalur in SC No.148/2011 dtd. 29/6/2015, whereby the appellant/accused No.2 was convicted for the offence punishable under Ss. 449, 302 and 380 of Indian Penal Code (hereinafter for short, referred to as 'IPC') by imposing sentence of imprisonment for life with fine of Rs.10,000.00 for the offence punishable under Sec. 302 read with 34 of IPC; Rigorous Imprisonment for a period of 10 years with fine of Rs.5,000.00 for the offence punishable under Sec. 449 of IPC; and Rigorous Imprisonment for a period of 7 years with fine of Rs.5,000.00 for the offence punishable under Sec. 380 read with 34 of IPC, with default clauses.

(2.) For the sake of convenience, the parties herein are referred to as per their rankings before the trial Court.

(3.) The brief facts of the case of the prosecution are that, Accused Nos. 1 & 2 with a common intention to commit theft and murder of Smt. Seethamma, on 9/5/2011 between 8.05 p.m. and 8.50 p.m., have trespassed into the house of CW.7-Sri. Sundaresh, wherein the deceased was staying, situated at Puttenahalli Village, Chikkmagaluru Taluk, in the pretext of purchasing liquor and smothered her to death by using a towel and thereafter committed theft of gold coins chain (Kasina Sara) and ear-studs worth Rs.65,000.00 in all and thereafter, the accused fled from the spot. Subsequently, the Investigating Officer has apprehended Accused Nos. 1 & 2 and recovered the stolen articles at the instance of the accused on the basis of their voluntary statement and then submitted the charge sheet against the accused. Thereafter, the learned Magistrate after taking cognizance, committed the case to the Sessions Court and accordingly, the sessions Court after securing the presence of the accused, framed charges against Accused Nos.1 & 2 for the offence punishable under Ss. 449, 302 and 380 read with Sec. 34 of IPC, and read-over and explained the charges to both the accused. The accused pleaded not guilty and claimed to be tried.