MANIKANTA @ AYYAPPA, S/O LATE MAHADEVAPPA; CHETHANA @ HARMONIAM MASTER, S/O SIDDAPPA AND ORS Vs. STATE OF KARNATAKA; CHETHANA @ HARMONIAM MASTER, S/O SIDDAPPA AND ORS

JUDGEMENT

(1.) These three appeals are filed challenging the Judgment dated 16.07.2010 passed by Fast Track Court-II, Mysore in SC No.199/2008 whereunder the learned Sessions Judge has convicted accused Nos.1 and 2 for the offence under Section 302 r/w Section 34 of IPC and sentenced them to undergo rigorous life imprisonment and to pay fine of Rs. 2,000/- each in default to suffer simple imprisonment for six months and further convicted accused Nos.3 and 4 for the offence under Section 342 r/w Section 34 of IPC and sentenced them to undergo rigorous imprisonment for six months and to pay fine of Rs. 500/- each in default to suffer simple imprisonment for one month. Criminal Appeal No.844/2010 is filed by accused No.2, Criminal Appeal No.811/2010 is filed by accused Nos.1, 3 and 4, while Criminal Appeal No.1237/2010 is filed by the State seeking an order of conviction against accused Nos.1 and 2 for the offence under Section 342 r/w Section 34 of IPC and against accused Nos.3 and 4 for the offence under Section 302 r/w Section 34 of IPC.

(2.) It is the case of the prosecution that, on 27.04.2008 at about 2.00 a.m in Sri.Gurumalleshwara Dasoha Mat, situated in a village Helavarahundi, within the limits of T.Narasipura Police Station, accused Nos.1 to 4 with a common intention of murdering the deceased Rudramuniswamyji wrongfully confined the said deceased in a room after bolting the room from outside and thereby, they are alleged to have committed an offence under Section 342 r/w Section 34 of IPC.

(3.) It is the further case of the prosecution that, on the aforesaid date, time and place in furtherance of common intention of the accused, accused No.1 threw kerosene on the deceased Rudramuniswamyji and after throwing the match stick on the said Rudramuniswamyji they set him to fire who succumbed to the injuries on 29.04.2008 at about 10.00 p.m while undergoing treatment in the Victoria Hospital and thereby, they are alleged to have committed an offence under Section 302 r/w Section 34 of IPC.