BABU @ VISHWANATHA Vs. THE STATE OF KARNTAKA

JUDGEMENT

(1.) This Criminal Appeal is filed under Section 374(2) CR.P.C. praying to set aside the judgment of conviction and sentence dated 16.8.2011 recorded in S.C.No.286/2008 by the I Addl. District and Sessions Judge, Bangalore Rural District, Bangalore, convicting the appellant/accused for the offence p/u/s 302 and 201 of IPC. This appeal having been heard and reserved for judgment on 22.8.2016 and coming on for Pronouncement of judgment this day, Rathnakala J., delivered the following: JUDGMENT This appeal is directed against the judgment of conviction and sentence dated 16.8.2011 recorded by the I Additional District and Sessions Judge, Bangalore Rural District, Bangalore, on his file in S.C.No.286/2008 whereby the appellant herein is convicted for the offences under Sections 302 and 201 of the Indian Penal Code (for short hereinafter referred to as "the IPC").

(2.) For the sake of convenience, the parties are referred to as per their original status before the Trial Court.

(3.) Briefly stated, the complainant/respondent Police, charge sheeted the first accused Seena @ Srinivasa and the second accused (appellant herein) in respect of the offences under Sections 302 and 201 of IPC. The allegation was that the accused persons on the night of 27.5.2008 with the common intention of causing the murder of deceased Ramaiah took him near a gutter at I Cross, Maruthinagar, located within the jurisdiction of Bidadi Police Station. The first accused strangulated the deceased with a towel while the appellant was arresting the deceased by tightly holding his both hands. When the deceased collapsed, they dropped a boulder on his head. Thereafter with an intention to screen the offence, they dropped the same boulder on his face so that the deceased could not be identified.