(1.) The judgment and order of conviction dated 11/14th of September, 2009 passed by the learned Additional District and Sessions Judge, Fast Track Court, Chitradurga in Sessions Case No. 53/2008 is called in question in this appeal by the convicted accused. By the impugned judgment, the trial Court has convicted two accused for the offences punishable under Sec. 302 r/w 34 of IPC.
(2.) Both the convicted accused have filed the present Criminal Appeal i.e., Criminal Appeal No. 32/2012. However, during the pendency of the appeal, accused No. 2 - Smt. Pennamma expired and thus the appeal filed by her has stood abated. Consequently, the appeal filed by accused No. 1 viz., Kondlahalli Thippeswamy is heard.
(3.) The case of the prosecution in brief is that: