BHOOSHITH B Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Appeal Number 1628/2018 is filed by accused No.5; Criminal Appeal Number 1659/2018 is filed by accused No.7; Criminal Appeal Number 1840/2018 is filed by accused No.6; Criminal Appeal Number 1937/2018 is filed by accused No.4; Criminal Appeal Number 1960/2018 is filed by accused No.3; Criminal Appeal Number 1976/2018 is filed by accused No.2; and Criminal Appeal Number 61/2019 is filed by accused No.1.

(2.) All these appeals are filed against the impugned judgment of conviction dated 31.8.2018 and order of sentence dated 3.9.2018 passed by the learned LXIII Additional City Civil and Sessions Judge, Bangalore in S.C.No.1011/2010 convicting the appellants-accused for the offences punishable under Sections 342, 364A, 302, 201, 120B r/w 34 of the Indian Penal Code (for short, hereinafter referred to as the 'IPC'). and sentencing them to undergo imprisonment for life and to pay a fine of Rs.25,000/- each, in default of payment of fine amount, rigorous imprisonment for one year for the offences punishable under Sections 120B, 364A, 302 r/w 34 IPC; simple imprisonment for six months and to pay a fine of Rs.2,000/- each in default of payment of fine, simple imprisonment for two months for the offence punishable under Section 342 r/w 34 of IPC; and imprisonment for five years and to pay a fine of Rs.10,000/- each, in default of payment of fine, simple imprisonment for three months for the offence punishable under section 201 r/w 34 of IPC and all the sentences to run concurrently.

(3.) It is the case of the prosecution that the complainant P.W.1 Smt. Anjali Sharath is the wife of the deceased Dr. Sharath Kumar, residing at Sanjaynagar, Bangalore, since last 10 years. Her husband was a doctor by profession having two female children. On 9.4.2010 at about 10.30 a.m., Dr. Sharath Kumar was missing from the clinic namely 'Adarsh Clinic'. On 10.4.2010, a complaint was given by P.W.1 to search and find out her husband, who was a pediatrician doctor and had made his name in the surrounding area. Usually, if any patient approached him for treatment, in any way, he used to attend the patients. On 9.4.2010, the doctor got up in the morning, left his daughter Shilpa to M.S. Ramaiah Engineering College, Bangalore and went to the hospital at about 10.30 a.m. The complainant was alone in her house. The doctor Sharath Kumar telephoned from the Mobile No.9844082898 to the landline of P.W.1-complainant Phone No.23415000 to receive the gold ornaments from Shailendra from Nirmala Jewellers, Bangalore and after some time, another person would come home to get the golden ornaments and without opening the door, the complainant has to hand over the same through window, but she did not agree to transact golden ornaments. After 5 to 10 minutes, Shailendra came to the house of the complainant, handed over the golden ornaments weighing about 600 gms., and told her to handover the same (gold ornaments) for somebody's marriage, who comes to receive them. The complainant told Shailendra that her husband had told her to hand over the gold ornaments. After sometime, an unknown person came to the house of the complainant, asked her to handover the gold ornaments. Accordingly, the complainant had handed over the gold ornaments. The said person had asked water. So the complainant gave water to him, he drank water and went back with the gold ornaments. After 5 minutes, the Dr.Sharath Kumar called over mobile to the complainant for confirmation of handing over of the gold ornaments to which the complainant replied that she had handed over the gold ornaments to the person, who came to receive the same and asked him to come early to go to the clinic.