SHIVAKUMAR AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is one of the most unfortunate and barbaric incidents witnessed in the Society, in which, two helpless elderly persons are done to death in broad day light on main roads for no fault of theirs. Two accused in S.C. No. 56/2005 who have been convicted and sentenced have filed two separate appeals.

(2.) THE accused Nos. 1 and 2 in S.C. No. 56/2005 have preferred Criminal Appeals No. 932/2011 and 931/2011, respectively challenging the common Judgment dated 11.7.2011 in S.C. No. 56/2005 passed by the Principal City Civil & Sessions Judge, Bangalore, convicting and sentencing accused Nos. 1 and 2 to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/ - and in default of payment of fine amount, to further undergo a simple imprisonment for six months for the offence punishable under Section 302 read with 34 of IPC.

(3.) THE learned Counsel appearing for the appellants have contended that the conviction and sentence against the appellant herein is unsustainable in as much as the material on record and the testimony of witnesses do not bring home the guilt against the accused and prove the case beyond reasonable doubt.