NAGAPPA @ NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned Government Pleader.

(2.) The accused is in appeal questioning the order of conviction, in the following background:

(3.) The police having charge-sheeted both the accused for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC', for brevity), they were arrested. After further proceedings, the Court of the Magistrate had committed the case to the Sessions Court for trial. It is thereafter that charges were framed against the accused and the accused having pleaded not guilty and having claimed to be tried, the prosecution had tendered evidence through 14 witnesses and had marked several exhibits, apart from material objects. On the basis of the said evidence and the material on record, the court below had framed the following points for consideration: