RANGASWAMY S/O KESHAVIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by the accused challenging the legality and correctness of the judgment and order dated 30.1.2008 passed in S.C.No.203/2006 by the II Addl. Sessions Judge, Mysore, convicting him for the offences punishable under Sections 302 and 201 of IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs. 5,000/-, in default to undergo simple imprisonment for six months and further to undergo imprisonment for seven years and to pay fine of Rs. 2,000/-, in default to undergo simple imprisonment for three months respectively for the aforesaid offences.

(2.) The brief facts of the case are :- The appellant/ accused was tried on the charge for the offences punishable under Sections 302 and 201 of IPC. It is alleged that on 7.4.2006 in between 10.15 p.m. and 10.30 p.m. near the west compound of the town hall premises, Mysore, the accused did intentionally committed murder of deceased Ashoka by dropping a stone on his head and after committing murder in order to cause disappearance of the evidence of murder to screen himself from legal punishment, disfigured the face of the said Ashoka so as to see that the body is not identified by any one and thereby committed the aforementioned offences.

(3.) Sri.Dinesh Kumar K.Rao, learned counsel appearing for the appellant, assailing the impugned judgment and order contended that the prosecution case entirely rests upon circumstantial evidence. None of the circumstances that have been relied upon and pressed into service have been established with cogent and reliable evidence. According to him the circumstances that are pressed into service are :