DILIP Vs. STATE

JUDGEMENT

(1.) THOUGH the matter is listed for orders, with the consent of both the parties, it is taken up for final disposal. The appellant has challenged his conviction and sentence for the offence punishable under Section 302 read with Section 34 of IPC on a trial held by the Sessions Judge, Bidar.

(2.) THE facts reveal that the appellant herein and two others who were accused before the Trial Court and were the friends of Rahul (the deceased) son of PW -1 Venkat Rao and he was done to death on 07.12.2008 between 9.00 pm to 10.00 pm near Gumbaz situated behind Millennium School at Shivanagar, Bidar. The accused are said to have caused his death in furtherance of their common intention and he was assaulted with Khanjar and he died due to the said injuries at 1.40 am on 08.12.2008 while he was under treatment in the Government Hospital. His father PW -1 Venkat Rao submitted a complaint in respect of this incident as per Ex.P1. In the course of the investigation, the Investigating Officer held the inquest mahazar Ex.P -2, seized pant, belt and shirt under Ex.P3, the clothes and weapon were seized under Exs.P4 and P5, the spot mahazar was held under Ex.P6, the body was subjected to postmortem examination and Ex.P7 was secured. Seized articles were sent to the opinion of the expert and Exs.P -12 and P -13 FSL reports were obtained. After completion of the investigation, charge sheet was laid against the accused for the charge under Section 302 read with Section 34 IPC.

(3.) IN the trial, the prosecution examined PW -1 to PW - 18. In their evidence Exs.P -1 to P -13 were marked and M.Os.1 to 11 were produced. The statement of the accused were recorded by the learned Sessions Judge. The accused have not lead any defence evidence but got marked Exs.D1 to D5 portion of some documents. The Trial Court heard both the counsel and on appreciation of evidence on record held accused No.1 guilty of the offence punishable under Section 302 of IPC and imposed sentence of imprisonment for life. Accused Nos.2 and 3 were convicted for the offence punishable under Section 304 (I) read with section 34 of IPC and lesser sentence was imposed.