MAHENDRA REDDY @ RAJA S/O RAMAREDDY Vs. STATE

JUDGEMENT

(1.) This appeal is by the convicted sole accused in S.C. No.1/2003 before the Presiding Officer, Fast Track Court- III, Shimoga and is directed against the judgment of conviction and order of sentence dated 27.07.2005 convicting him for the offences under Sections 394 r/w. 397 of Penal Code and sentencing him to undergo Rigorous Imprisonment for seven years and to pay fine of Rs. 10,000.00 for the aforesaid offences.

(2.) The case of the prosecution in brief is as under:-

(3.) During investigation, the Investigating Officer visited the scene of occurrence, drew-up mahazar as per Ex.P.11, collected the blood stain found on the floor of the house, recorded the statement of witnesses and thereafter apprehended the accused. On personal search of the accused in the presence of PW.8-Ashok, PW.9-Manjunath, PW.10-Varada, PW.11-Sheshadri Pavarsar, the accused was found possessing a gold chain-MO.1 and cash of Rs.15,000.00 MO.2, in his pocket and the same was recovered by drawing mahazar-Ex.P.14. Subsequently, pursuant to the voluntary statement said to have been made by the appellant/accused, chopper MO.3 said to have been used in the commission of the offence and a Plastic Bag MO.6 were recovered at the instance of the accused under Mahazar-Ex.P.15, in the presence of PW.13-Kondaiah and others. Later the accused was subjected to judicial custody. After completing investigation, the charge sheet came to be filed. Subsequently, the accused was enlarged on bail.