RAMESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Order dated 8th Jan. 2008 rendered by Fast Track Court-V, Mysore, convicting all the six appellants-accused for the offences they were charged with. Accused nos.1 to 5 were tried and held guilty for the offences punishable under sections 143, 147, 364, 302, 404 and 201 of IPC read with section 149 IPC and accused Nos.6, 1, 3 & 5 were tried and convicted for the offence punishable under section 201 IPC read with section 34 of IPC. Accused nos. 1 to 5 were sentenced to undergo imprisonment for the period ranging from three months under section 143 IPC to life imprisonment under section 302 read with section 149 of IPC. Accused no. 6, 1, 3 & 5 were sentenced to suffer imprisonment for a period of seven years. All the six accused were also directed to pay fine and in default to undergo simple imprisonment ranging from one month to one year. All the sentences of imprisonment awarded were directed to run concurrently.

(2.) THE prosecution case, as disclosed from the evidence on record, is that P.W.10 � R. Shivanna and the deceased R. Srinivas were the brothers and residents of village Alagudu, Taluk T. Narasipura. They were fruit vendors. On 20th of December, 2005, at about 5.00 pm the deceased left the shop after having handed over a cash counter key and his mobile phone to P.W.14�Karaga Shetty informing him that he was going to Mysore and thereafter, it is alleged, he did not return. P.W.10 � Shivanna made attempts to search his brother but his efforts were in vain. On 25th December, 2005, in the morning, while P.W.10 was on his way to Edathore, some agricultural labourer informed him that they had seen half burnt dead body by the side of Mandi Balalu canal. On receiving this information P.W.10 with his friend immediately rushed to Mandi Balalu canal at about 10.00 a.m. and there they noticed half burnt dead body of the deceased-Srinivas.

(3.) THE case of the prosecution is based on circumstantial evidence. The circumstances relied upon by the prosecution to bring home guilt of the accused are last seen together, motive, recovery of incriminating articles, extra judicial confession and the mahazar, showing that A- 2, A-5 and A-6 had shown the scene of offence to the police and the panchas, where the dead body was found on 25.12.2005.