RAJA ALIAS RAJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE three appellants were charge sheeted for the offence under Section 302 r/w. 34 IPC for having committed murder of an unidentified person. The learned Judge of the Fast Track (Sessions)Court, Bangalore Rural District, Bangalore, convicted all the 3 accused persons for the offence under Section 302 r/w. 34 IPC in S. C. No. 261/2001 by his Judgment dated 17. 07. 2003 sentencing them to undergo imprisonment for life and to pay a fine of Rs. 1,000-00 each, in default to suffer imprisonment for a period of 6 months.

(2.) ACCUSED No. 2-Raja @ Rajappa and accused No. 3-Muniraja preferred Crl. A No. 1513/2003, whereas accused No. 1-Krishnappa preferred Crl. A. No. 1514/2006 questioning the Judgment of conviction and sentence passed in S. C. No. 261/2001 sentencing them to undergo imprisonment for life and to pay a fine of Rs. 1,000-00 each.

(3.) THE brief facts of the case are as follows : accused No. 1-Krishnappa is a resident of chandapura, anekal Taluk, and accused No. 2-Raja @ Rajappa is a resident of malur Town, Kolar District, whereas accused No. 3-Muniraju is native of Mathikere, Dankanakote Taluk, Tamil Nadu. Accused Nos. 2 and 3 were working as welders at the time of the incident and are friends of accused No. 1. The scooter possessed by accused No. 1 which was parked near Hilalige Railway Cross said to have been stolen by an unidentified person at about 6. 00 p. m. on 29. 03. 2001. While the victim (deceased) was sleeping near Hilalige Railway Cross, accused nos. 2 and 3 suspecting him to have stolen the scooter caught hold and took near the house of accused No. 1. The accused made the victim (deceased) naked except 'kacha' and have assaulted to extract information as to where the scooter is kept. It appears that the accused went on assaulting according to their whims and fancies by using wooden pastle-M. 0. 1 and eucalyptus club-M. O. 2. At about 1. 00 a. m. or so, P. W. 1-Krishna, Head constables of Hebbagodi Police station received a telephone call about the assault on an unidentified person near the house of accused No. 1 in front of Ramareddy Poultry farm, Chandapura. The Head Constable proceeded to the spot in the car of P. W. 3-Chandra along with police Constable-P. W. 2-K. Narasimha Murthy, C. W. 4-Sukumar (P. C. 1012) and C. W. 5-Chandramohan (P. C. 885 ). They reached the spot at about 1. 30 a. m. , through the head light of the carthey noticed that accused No. 1-Krishnappa pressing the neck of the unidentified person with his leg and stamping. Accused No. 2-Raja @ Rajappa was assaulting with a wooden pestle on the face and stomach, whereas accused No. 3-Muniraju was assaulting him with a eucalyptus club on his head and legs. Also noticed that the unidentified person had suffered with severe bleeding injuries. The police took accused Nos. 1 to 3 to their custody and while shifting the injured (unidentified person) to victoria Hospital, died on the way due to the injuries. Thereafter, the body was kept in a mortuary of the Victoria Hospital. P. W. 1 returned to the Hebbagodi police Station at about 4. 00 a. m. and registered a case in crime No. 96/2001 against accused Nos. 1 to 3 for the offence under Section 302 r/w. 34 IPC, prepared the FIR as per Ex. p2 and despatched it at about 4. 30 a. m. on 30. 03. 2001. The further investigation was handed over to the Inspector of Police P. W. 12-M. N. Ramalingappa. P. W. 12 recorded the voluntary statements of accused No. 1-Krishnappa as per Ex. P9, accused No. 2-Raja @ Rajappa as per Ex. P10 and accused no. 3-Muniraju as per Ex. P 11. On the same day, he proceeded to the spot and prepared the spot mahazar as per Ex. P4 and seized M. O. 1-wooden pestle and M. O. 2-eucalyptus club and also prepared the rough sketch as per Ex. P12. He recorded the statements of the witnesses. Also seized M. O. 4-Dhoti and M. O. 5-banian from the spot. on 31. 03. 2001 he proceeded to Victoria Hospital along with the panchwitnesses and conducted inquest mahazar on the dead body as per Ex. P7. Thereafter, the dead body was subjected to post-mortem examination. On 2. 4. 2001, he seized the Kacha-M. O. 3 under mahazar ex. P6. He secured the post-mortem report as per Ex. P8 and forwarded the seized articles to FSL for chemical examination. After completion of the investigation, filed charge sheet against the accused persons. The learned Judge of the Fast Track (Sessions) Court, bangalore Rural District, Bangalore, secured the presence of accused nos. 1 to 3, framed charges for the offence under Section 302 r/w. 34 IPC. The accused pleaded not quality and claimed to be tried. The prosecution in all examined P. Ws. 1 to 12, marked Exs. P1 top14 (b)and produced M. os. 1 to 5, whereas the defence got marked Ex. D 1. The statements of the accused were recorded under Section 313 cr. P. C. The defence is one of total denial. The accused did not choose to lead any evidence. The learned Judge of the Fast Track (Sessions)Court, for the reasons recorded in his Judgment convicted the accused for having committed the murder of an unidentified person for the offence under Section 302 r/w. 34 IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 1,000-00 each. It is this judgment of conviction and sentence, which is questioned by appellants/accused Nos. 2 and 3 in Crl. A. No. 1513/2003 and appellant/accused No. 1 in Crl. A. No. 1514/2003.