SHABAB Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The above appeal is filed by accused No. 1 -Shabab @ Kabab against the judgment and order dated 28th July 2008 passed by the District and Sessions Judge and Presiding Officer, Fast Track Court No. V, Bangalore Rural District, Bangalore in SC No. 161/2005 convicting the accused for the offences punishable under Ss. 302 and 397 of IPC.

(2.) When the matter was posted for hearing, Sri K.A. Srinivasa, learned Counsel for the appellant remained absent. Hence, this Court had requested Sri Gautham. V., learned Counsel to assist the Court as Amicus Curiae on behalf of the appellant.

(3.) It is the case of the prosecution that the on 25.7.2004 at about 12 noon at Koramangala Extension Forest, the accused along with split up accused -juvenile offender - C. Murali with common intention, committed the murder of one Vijayamma and snatched gold ornaments from her possession, thereby committed the offences punishable under Ss. 302 and 397 r/w 34 of IPC. The accused is convicted for the said offences. Therefore, the present appeal is by the convicted accused.