YESHWANT Vs. STATE

JUDGEMENT

(1.) CRIMINAL Appeal No.200044/2014 is filed by accused No.13 in S.C.No.436/2012 challenging the judgment dated 25th February 2014 and Criminal Appeal No.200054/2014 is filed by accused No.14 in S.C.No.128/2012 challenging the judgment dated 24th February 2014. The learned III Additional Sessions Judge, Gulbarga, has passed the judgment of conviction and order of sentence in S.C.No.436/2012, sentencing accused No.13/Yashwant, S/o Buddappa Pothe to undergo life imprisonment for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code.

(2.) THE appellant/accused No.14 in the connected Criminal Appeal No.200054/2014 challenges the judgment of conviction and order of sentence, sentencing him for the offence punishable under Section 302 r/w. Section 149 of IPC to undergo life imprisonment by a separate judgment dated 24.2.2014 passed in S.C.No.128/2012. As both cases arise out of the same incident and the legal grounds urged in both these appeals are common and both the appeals are liable to be disposed of for non -compliance by the Sessions Judge of the mandatory requirement contained in Section 273 of the Code of Criminal Procedure, on the request made by the learned Counsel for the parties and keeping in mind the expediency, these matters are heard together and are disposed of by the following judgment:

(3.) FACTS in brief, as set out by the prosecution are that, on 26.4.1999, the Police Sub -Inspector, Nimbarga Police Station received a phone message informing about the murder of one Prabhakar at Mogha (B) Village. Based on the said information, the Police Sub - Inspector, Nimbarga Police Station visited Mogha (B) village and recorded the oral complaint from one Kamalakar, the younger brother of the deceased and registered a crime under Sections 147, 148, 448, 427, 504, 364, 302 read with Section 149 of the Indian Penal Code in Crime No.48/1999 of Nimberga Police Station.