BASAVANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE two appeals by Accused Nos. 1 and 3 respectively in S.C. No.70/2007 on the file of Fast Track Court, Chamarajanagar, are directed against the judgment of conviction and order of sentence dated 16.10.2008, convicting Accused No.1 for the offences punishable under Sections 302, 201 r/w. 34 of IPC and convicting Accused No.3 for the offence punishable under Section 201 r/w. 34 of IPC and sentencing Accused No.1 to undergo imprisonment for life and also to pay fine and sentencing Accused No.3 to undergo Rigorous Imprisonment for five years and also to pay fine of Rs.2,000/ -.

(2.) CRIMINAL Appeal No.295/2009 is by Accused No.1, while Criminal Appeal No.209/2009 by Accused No.3. Appellants took their trial for the offences punishable under Sections 302, 201 r/w. 34 of IPC in the aforesaid case along with one Srinivas, the husband of Accused No.1, who had been arraigned as Accused No.2 in the case. The allegations against them was, the accused by sharing common intention have committed murder of Arthamma, resident of Terakanambi village by strangulation with a cotton rope in the intervening night of 19/20.06.2007 inside the house of Accused Nos.1 and 2 in Bachalli village, for gain i.e., to rob the gold ornaments worn by her and after committing murder, in order to screen themselves from the legal punishment, attempted to destroy the evidence by shifting the dead body from the house on a bicycle and throwing the same near the house of Deena Dayala Sharma of the same village and thereby they have committed the aforesaid offences.

(3.) ACCORDING to the case of the prosecution, in respect of the incident, PW.1 -Nagaraju, son of the deceased Arthamma, lodged a report, based on which the police registered case initially against unknown persons. During the investigation, complicity of the accused persons were revealed and thereafter, they were apprehended. The rope said to have been used for committing murder as well as the cycle used for shifting the dead body were seized. The gold ornaments worn by the deceased and robbed by the accused were recovered from the pawn -broker with whom the accused had pledged. Later, the seized ornaments were identified by the blood relatives of the deceased. On completion of investigation, charge sheet came to be laid.