VINUTHKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals by the convicted accused Nos.1 to 3 are directed against the judgment of conviction and order of sentence dtd. 25/2/2016 passed in S.C. No.97/2008 by the VI Addl. District and Sessions Judge, Mysore by convicting accused Nos.1 to 3 for the offences punishable under Ss. 302 and 201 r/w Sec. 34 of IPC and directing them to undergo rigorous imprisonment for life and accused No.1 shall pay a fine of Rs.3,00,000.00 in default to suffer, further 3 years simple imprisonment and accused Nos.2 and 3 shall pay a fine of Rs.10,000.00 each in default, to further 3 years simple imprisonment for the offence punishable under Sec. 302 r/w 34 IPC . The appellants/accused Nos.1 to 3 are further sentenced to undergo rigorous imprisonment for a period of 7 years with fine of Rs.10,000.00 each in default, to undergo further 1 year simple imprisonment for the offence punishable under Sec. 201 r/w 34 IPC and directed that the sentence shall run concurrently. However, though accused Nos.1 and 2 preferred an appeal before this Court in Crl.A.No.587/2016, subsequently, accused No.2 died and as such, the appeal against him was abated vide order dtd. 16/6/2023.

(2.) The factual matrix of the prosecution case are as under:

(3.) On committal of the case before the Sessions Court, the learned Sessions Judge framed the charge against the accused for the offence punishable under Sec. 120(B) , 109 , 302 , 201 , 118 r/w 34 of IPC and read over the same to the accused and the accused pleaded not guilty and claims to be tried. Initially case was registered in SC No.97/2008 against accused Nos.1 to 7. Since the case against accused Nos.8 to 10 was split up, the same came to be registered in C.C.No.858/2008 in committal court itself. Subsequently, before the Sessions Court also the case against them was split up and separate cases were registered in S.C Nos.188/2008 and 174/2009. However, accused Nos.1 and 3 were tried in S.C No.97/2008.