SANDEEP Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.A.No.1994/2019 is filed by accused Nos.1 to 3 and Crl.A.No.1918/2019 is filed by accused No.4 questioning the conviction and sentence for the offence punishable under Sec. 302 read with Sec. 120-B of IPC and Sec. 323 read with Sec. 34 of IPC imposing life imprisonment and to pay fine of Rs.25,000.00 for the offence punishable under Sec. 302 read with Sec. 120-B of IPC, in default, to undergo simple imprisonment for six months and to pay fine of Rs.1,000.00 for the for the offence punishable under Sec. 323 read with Sec. 34 of IPC, in default, to undergo simple imprisonment for 15 days.

(2.) The factual matrix of case of the prosecution before the Trial Court is that on 3/10/2017 at about 8.45 p.m., when C.W.1-Ashwitha was with her husband deceased Hareesha and daughter Anwitha in their house, the accused Nos.1 to 3 came there with common intention to commit murder of Hareesha and C.W.1 called Hareesha and made him to come outside the house on the pretext of demanding sand and accused No.1-Sandeep assaulted Hareesha on his neck with long and accused No.2 assaulted the deceased on his stomach with long and on seeing this incident, when C.W.1 raised hue and cry, the accused No.3 kicked C.W.1 with his leg and held her neck and assaulted her and made an attempt to kill her. On hearing the altercation, C.W.2 Manjunatha K.S., C.W.3 Harisha K.S. and C.W.4 Mahesha K.S. came running to the house of C.W.1. On seeing them, the accused Nos.1 to 3 ran away from the spot by giving threat to C.W.1 that they would kill her and thereafter, Hareesha was shifted to SJC Hospital, Thirthahalli in an ambulance and he succumbed to the injuries while taking treatment in the hospital at 10.15 p.m. It is the case of the prosecution that accused No.4 plotted conspiracy to eliminate Hareesha and gave supari to accused No.1 to the tune of Rs.1,26,000.00 and accused No.1 availed the services of accused Nos.2 and 3 to eliminate the deceased.

(3.) Based on the complaint of P.W.1, police have registered the case immediately and thereafter, investigated the matter and filed the charge-sheet against accused Nos.1 to 4 invoking the offence punishable under Ss. 323, 504, 506, 307, 302 and 120-B read with Sec. 34 of IPC. The accused did not plead guilty and claimed for trial.