K T MOHAMMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These three appeals arise out of the Judgment dated 21-6-1985 of the Sessions Judge, Shimoga, in Sessions Case No. 37/83 on his file. They arise in this way: K.T. Mohammed, aged about 25 years, and T.S. Chandrashekhar, aged about 24 years, both residents of Sagar Town, were accused Nos.1 and 2 respectively in the said case. They were tried for offences punishable under Sections 120B IPC, 302 read with 34 IPC (on four counts) and Section 392 IPC. The first charge against them was that on 27-8-83 at Mangaiore they agreed to do an illegal Act, to wit, to rob and murder deceased A.S. Lokesh who was working as Salesman of Rythabandhu Gramodyoga, Anandapura and in pursuance of the said conspiracy the said offences of robbery and murder of A.S. Lokesh were committed on the road between Thirthahalli and Arga Village and thereby committed an offence punishable under Section 120B IPC. They were also charged for committing the murders of Lokesh, Manjunath, Vishwanatha Rai and Shivappa on 28-8-83 between 2 a.m. and 6 a.m. at a place near Sunkadahole on the highway between Thirthahalli and Arga in furtherance of their common intention and the said conspiracy under Section 302 read with Section 34 IPC on four counts. The charge of robbery against them was that they on 28-8-1983 between 2 a.m. and 6 a.m at a place near Sunkadahole on the highway between Thirthahalli and Arga, robbed Lokesh of Rs. 1,15,000/- and thereby committed an offence punishable under Section 392 IPC in furtherance of their common intention and the said conspiracy.

(2.) Both the accused pleaded not guilty to the said charges and claimed to be tried. P.Ws.1 to 63 were examined and Exs.P.1 to P.112 and M.Os.1 to 98 were produced on behalf of the prosecution. Exs.D.1 to D.30 were got marked on behalf of the accused.

(3.) The defence of both the accused was one of total denial.