B. GANESH AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) All these appeals are arising out of the judgment of conviction and order of sentence dated 20.04.2011 passed by the I Addl. Sessions Judge at Mysore in S.C.No.18/2006, whereby all the accused Nos.1 to 7 have been convicted for the offences punishable under Sections 143, 120-B, 364, 302, 201 r/w Section 149 of IPC and have been sentenced to undergo imprisonment for life and to pay fine.

(2.) The prosecution case in brief is stated as under: On 18.09.2005 at about 10.30 p.m., Smt. Mahadevamma (PW.1) the mother of the deceased-Babu @ Balakrishna lodged a written complaint (Ex.P1) before Kuvempunagar Police Station, Mysore, alleging that her 4th son Babu was looking after the Cable Network business of his brother M.C. Balaram (PW.5); at about 10.00 p.m. on the same day, one Manjunath (PW.4) who was working with Balaram informed her that he alongwith her son deceased-Babu went to Das Wines as deceased had advanced money to Gangadaraiah, the proprietor of Das Wines. While they were in the Bar, at about 9.30 p.m., accused No.1-Ganesh @ Rowdy Ganesh of Vidyaranyapuram alongwith six to seven other persons came in a Maruthi van, assaulted deceased-Babu and abducted him in a Maruthi van. She requested the police to trace her son who was abducted by accused No.1-Ganesh @ Rowdy Ganesh and six others and to take action against them. On the strength of the complaint (Ex.P1), the police registered a case in Crime No.82/2005 for the offences punishable under Sections 143, 365 r/w 149 of IPC against accused No.1-Ganesh @ Rowdy Ganesh and six to seven others. Immediately, the CPI and PSI of Kuvempunagar Police Station after collecting information that the abductors have proceeded towards Srirampura in a Maruthi van, proceeded in the same direction alongwith their staff during the intervening night of 18/19-09-2005. At about 2.15 a.m., they came across a Golden Colour Maruthi van coming from Manandvadi link road towards Mysore. After seeing the Police Jeep, the Maruthi van took a turn towards Srirampura village. Immediately, the police chased the Maruthi van and at the same time, the Investigating Officer asked Garuda van, which was following the Police Jeep to come through the road leading towards left. In the meanwhile, the Maruthi van, which had proceeded further stuck in the middle of the road on account of heap of sand on the road. Immediately, the police staff surrounded the van in which there were seven persons, three of them who were armed with choppers attempted to assault the police. But in the meanwhile, Garuda van also came from the front side and thereby all the seven persons in a Maruthi van were apprehended. On interrogation, they disclosed their names. The police noticed the blood stains on the choppers which were held by accused Nos.1 to 3 (MOs.1 to 3). They also found blood stains on the rubber mat inside the Maruthi van and also on the clothes worn by the accused. A mahazar was drawn at that place in the presence of witnesses as per Ex.P11, whereunder three choppers which were in the possession of accused No.1-Ganesh @ Rowdy Ganesh, Accused No.2-Thontadaryaswamy and accused No.3- Ravi alongwith golden colour Maruthi van bearing registration No.KA-16-M-1418 and blood stained rubber mat were seized. All the 7 accused persons were taken to Kuvempunagar Police Station for further investigation. During the course of further investigation, PW.30-Investigating Officer recorded the voluntary statements of accused Nos.1 to 3 as per Exs.P39, P40 and P41.

(3.) We have heard the learned counsel appearing for the appellants/accused and learned High Court Government Pleader for the State.