STATE Vs. S. ANANDA

JUDGEMENT

(1.) The State has preferred this appeal challenging the Judgment and Order dated November 23rd, 2015 passed in Sessions Case No.110/2009 against the respondents, which was passed by the LXIV Additional City Civil & Sessions Judge in Bengaluru for the offences punishable under Sec. 302 r/w 34 of IPC .

(2.) The brief facts of the prosecution case are as follows:

(3.) After the case was registered, the investigating officers conducted a spot panchanama, where the IO has drawn panchanama of the scene of crime. Investigating officers carried out a seizure mahazar to document the items seized as evidence and an inquest mahazar to record the details of the deceased Murthy. The investigating officer recorded statements from material witnesses and has captured the photographs of the scene of crime and in the hospital. A sketch map was prepared to outline the relevant areas. Further, all the four accused were arrested and their voluntary statements were recorded during the investigation. Once the investigation was completed, charge sheet was filed. However, considering that accused Amith and Rajshekhar were minors or children in conflict with the law, the investigating officer submitted the charge sheet only against accused Nos.2 and 4. The charge sheet and prosecution papers were provided to the accused as per the provisions of Sec. 207 of the Code of Criminal Procedure (Cr.P.C.). Following the filing of charge sheet, the learned Magistrate took cognizance of the offence and registered the case against the accused under C.C.No.21392/2008 on the docket of the VII Additional Chief Metropolitan Magistrate(VII-ACMM) in Bengaluru.