LOKESH AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) CRL . A. Nos. 1374/2007 and 1884/2007 are directed against the judgment dated 30.7.2007 passed In S.C. No. 158/2001 on the file of the Presiding Officer, Past Track Court, Ramanagaram, whereby the appellants i.e., accused Nos. 1 and 2 respectively are found guilty of the offences punishable under Sections 302 and 380 IPC read with Section 34 IPC and both of them are convicted and sentenced to rigorous imprisonment for life with fine of Rs. 5,000/ - each, in default of payment of fine to undergo R.I. for 1 year for the offence under Section 302 read with 34 of IPC and to undergo R.I. for two years and to pay fine of Rs. 2,000/ - each in default of payment of fine to undergo R.I. for six months each for the offence under Section 380 read with 34 IPC. Aggrieved by the judgment of conviction and order of sentence passed against the appellants, both the appellants have filed these two appeals.

(2.) THE case of the prosecution in brief is as follows: The deceased Gowamma, daughter of P.W. 6 was unmarried. Accused No. 1 is the nephew of P.W. 6. Accused No. 2 is the younger brother of P.W. 6. On 5.12.2000 when P.W. 6, mother of the deceased left her house in order to attend a function at Bangalore, the deceased Gowrarnma was alone in the house at Chakkere Village, Channapatna Taluk, Bangalore Rural District, Accused No. 1 had seen P.W. 6 leaving for Bangalore. Accused Nos. 1 and 2 after coming to know of the fact that the deceased Gowramma was alone in the house, developed common intention of commission of murder of Gowramma in order to enrich themselves with gold ornaments kept in the almirah. When this being so, at about 12.30 p.m. on the same day, both of them entered into the house of P.W. 6. Accused No. 1 slapped the deceased Gowramma and later accused 1 and 2 strangulated her with rope in the dining hall. Thereafter, both the accused removed gold chain and other gold bangles wore by the deceased. They have taken the almirah key M.O.14 which was kept in the trunk of the deceased and opened the almirah and committed theft of jewellery which were kept in the almirah. P.W. 1 brother of the deceased has deposed that he received a telephonic message from his wife about the murder of Gowramma. He immediately rushed to the house of his parents at Chakkere Village and found the dead body of the deceased with ligature mark on the neck. He immediately rushed to the Channapatna Rural Police Station and lodged the complaint as per Ex. P1. The same was registered as Crime No. 196/2000 for the offence punishable under Section 302 IPC. After the Inspector of Police took up investigation and after completion of investigation, he filed charge sheet against the accused for the offence punishable under Sections 302 and 380 IPC read with Section 34 IPC. The Trial Court framed charges under Section 302 and 380 read with Section 34 IPC. The plea of the accused is one of total denial. In order to bring home the guilt of the above said charges, the prosecution examined P.Ws. 1 to 17 and marked the documents at Exs. P1 to P37 and M.Os. 1 to 15. Considering the evidence of the prosecution witnesses and the seizure of the material objects, the trial Court found the accused guilty of the offences for which they were charged and passed the above order of conviction and sentence, Being aggrieved by the order of conviction and sentence, both the accused filed separate appeals.

(3.) THE learned Counsel for the appellants submitted that there is absolutely no evidence on record to connect accused No. 2 to the crime. The prosecution alleged that accused No. 2 was arrested four months after the offence and recovered M.O. 12 -bangles basing on his confessional statement. The panch witnesses examined by the prosecution to prove the seizure from accused No. 2 does not support the prosecution case about the seizure of M.O.12.