YATHEESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals are filed by accused Nos.2 to 5 challenging the judgment of conviction and sentence dtd. 27/1/2012 / 4/2/2012 passed in S.C.Nos.969/2009 and 970/2009 (accused No.2) by the Trial Court for the offence punishable under Sec. 396 of IPC.

(2.) Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case of the prosecution that on 16/10/2008, the appellants/accused persons came in a auto rickshaw bearing No.KA05-B-2552 at Kumble Circle within the limits of Cubbon Park police station at about 12.30 a.m. At that time, the accused persons followed the Toyota Qualis vehicle bearing No.KA05-AC-6627 and blocked the said vehicle. All of a sudden, the accused persons entered into the deceased vehicle and tied the mouth of the deceased with cloth and tied the legs with the rope and using the rope thread, strangulated the deceased when he tried to escape. The case of the prosecution is that accused persons took the gold ring, credit and debit cards, one mobile phone, Rs.380.00 cash and the Toyota Qualis car. It is also the case of the prosecution that body was thrown near Veeradimmanakanive which comes between Chikkaballapura to Gowridibanur road and fled away from there along with the Toyota Qualis vehicle. It is also the case of the prosecution that on 18/10/2008 at about 11.00 p.m., when accused Nos.3 to 6 came near the Pizza Hut, 80 Feet Road, Koramangala in order to sell the Qualis Car, the Koramangala police, based on the credible information, arrested the accused persons and registered a case and on enquiry, accused persons revealed with regard to committing of murder and throwing the body in a forest area. Hence, invoked the offence punishable under Sec. 396 of IPC against the accused persons and after receipt of the complaint, investigated the matter and filed the charge-sheet against accused Nos.3 to 6 and case was registered against these accused in C.C.No.769 and the case was split up for accused Nos.1 and 2 in C.C.No.16682/2009 and thereafter, accused No.2 was arrested. Accused Nos.3 to 6 faced the trial in S.C.No.969/2009 and so also accused No.2 faced the trial in S.C.No.970/2009. The accused persons have denied the charges leveled against them and claim for trial. Hence, the prosecution examined the witnesses as PW1 to PW20 and got marked the documents at Ex.P1 to P27(a) and also relied upon the material objects at MO1 to MO10.