RAJU MANDAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant-accused No.2 has preferred Crl.A.100330/2017 and accused Nos.1 and 3 have preferred Crl.A.No.100080/2018 aggrieved by the impugned judgment of conviction and order of sentence dated 14.08.2017 passed in S.C.No.5002/2016 on the file of the learned III Additional District and Sessions Judge, Ballari, (for short referred to as 'the trial Court') convicting the accused for the offences punishable under Sections 302, 201 r/w 34 of Indian Penal Code (for short referred to as 'the IPC) and sentencing them to undergo imprisonment and to pay fine with default sentence.

(2.) Heard the learned counsel Smt. Aruna Deshpande for accused Nos.1 and 3 and Sri. B.Anwar Basha for accused No.2 and the learned Additional SPPSri. V.M.Banakar for respondent-State.

(3.) Brief facts of the case as made out by the prosecution are that accused Nos.1 to 3 who were staying with the deceased Anil Prasad Yadav, picked up quarrel with him, on 22/9/2015 at 8.30pm, in Shankar Nagar Camp by the side an old garage in Survey No.208C of Ingalagi in P.B.S. Mines plot. The accused No.1 with the common intention to eliminate the deceased assaulted him with stone on his head while accused Nos.2 and 3 were holding him and accused Nos.2 and 3 assaulted the deceased with knife on his neck. The accused thus caused his death. Further, accused Nos.1 to 3 in order to destroy the evidence of committing the crime, shifted the dead body from the scene of occurrence and thereby committed the offences punishable under Sections 302 and 201 r/w 34 of IPC.