MAHADEVAPPA PARASAPPA TALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant. The appellant was arrayed as accused No.2 before the Trial Court for offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC', for brevity) and has been accordingly convicted and sentenced to life imprisonment, apart from a lesser sentence for the offence punishable under Section 201 of IPC and fine has also been imposed on the accused.

(2.) The facts of the case, as stated by the prosecution, were as follows:

(3.) It is further alleged that at the same point of time, accused Nos.1 and 2 were said to have come along and P.W.4, who was going along on the road, had met accused Nos.1 and 2, who in turn had enquired, whether P.W.4 had seen accused No.3 along with Atmanand. On his information that they were going towards the area, as aforesaid, had followed them in that direction. It is thereafter that P.W.8 is said to have seen accused Nos.1 and 2, returning along with accused No.3 and accused No.3 was said to be naked and on seeing P.W.8, they had hidden themselves by the side of the road. Thereafter, accused No.1 had brought a saree for accused No.3 and after wearing the saree, all three had come back to the village. The dead body of Atmanand was discovered on 12.08.2009 by P.W.5, who had in turn intimated P.W.2, the father of the deceased. He is said to have lodged a complaint at about 11:00 p.m., on 12.08.2009 and it is thereafter, a case had been registered against the accused. Accused No.1 was not found, but the accused Nos.2 and 3 were arrested and proceedings were initiated against them. On the case being committed, it was found that accused No.1 could not be traced at all and therefore the case was split up, as against accused No.1 and the trial proceeded insofar as accused Nos.2 and 3 are concerned. They had pleaded not guilty and claimed to be tried.