VENU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Appellant-accused filed the present Criminal Appeal against the impugned judgment of conviction and order of sentence dtd. 11/2/2015 passed in Sessions Case No. 62/2012 on the file of the Fast Track Court-II, Chintamani convicting the appellant accused for the offences punishable under Sec. 302 of IPC and sentenced him to undergo imprisonment for life and pay fine of Rs.50,000.00

(2.) It is the case of the prosecution, that, on 22/11/2011, at about 12.45 noon, the deceased Krishnappa came to the SLN tiles shop of Munikrishna at Chikkaballapura on a Pulsar Motor Cycle bearing registration No. KA 05 HD 1664 along with a pillion rider Venu, who is his relative and spoke with P.W. 2-Munikrishna and also with one Santhosh who was in the shop. After some time, the deceased Krishnappa and Venu went near the shop of one Jagadeesh and after collecting Rs.10,000.00 returned to the SLN tiles shop. In the shop, after having discussed with Venu to go to Kolar to purchase sent Venu to fill petrol to the vehicle. The accused purchased a sickle on the footpath to snatch money from the deceased Krishnappa and kept sickle in the back pocket of his pant and returned to the S.L.N. tiles shop and from there, the deceased Krishnappa proceeded on the motor cycle with Venu as a pillion rider to go to Kolar between 2.15 to 2.30 p.m. On the way, the deceased Krishnappa stopped the vehicle little away from Anoor gate to attend the nature call. At that time, the accused thinking that it is the right time, tried to stab the deceased Krishnappa from behind and while Krishnappa tried to escape, he slipped and fell down. At that time, the accused fisted on the face of the deceased Krishnappa three to four times and due to which, he lost his conscious. Then the accused dropped stone thrice on the head of the deceased Krishnappa and after confirming about his death, the accused took Rs.10,000.00 which was in the purse of the deceased Krishnappa and fled away along with the motor cycle. Thereby the accused committed the offence punishable under Sec. 302 of IPC.

(3.) On the basis of the complaint lodged by PW-1, the Jurisdictional Police investigated the case and filed the charge sheet for the offence committed by the accused. After submitting the charge sheet to the Court of Sessions, the learned Sessions Judge framed the charges and read over the same to the accused, but the accused pleaded not guilty and claimed to be tried.