B C DHANANJAYA @ JAYAKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the prosecution is that on 10.07.2009 at about 8.30 p.m., the deceased Mahesh went out of his house for the purpose of his business. He did not return. At about 4.30 a.m., PW-15, Sharavana came to the house of complainant and informed that the deceased was murdered and called them to the place of murder. Sharavana informed that on the said night, the deceased, himself, Ashoka @ Pamu and Kencha @ Loki had meals in his house. Thereafter, when the deceased was traveling on his two wheeler and returning to his house along with Kencha @ Loki as a pillion rider, the accused Nos.1 to 3 wrongfully restrained the deceased. They started quarrelling with him with regard to certain financial matters. Accused No.1 and others were armed with choppers and longs and they tried to assault the deceased. The deceased tried to escape by running away. He was chased by four persons and thereafter brutally assaulted. This matter was informed by Kencha @ Loki, through the mobile phone of Ashoka @ Pamu who was with Sharavana. Immediately, Ashoka and Sharavana went towards the scene of offence. Dhananjaya attacked the deceased with a chopper on his right cheek and neck and caused grievous injuries and murdered him. Kunta @ Loki was instigating Dhananjaya to murder the deceased. Raghu and Manja chased Mahesh and caught hold of him. Sharavana and Ashoka could not stop the fight, since they were threatened by the attackers. That the incident took place around 3.30 a.m. on the night of 10.07.2009 and 11.07.2009. On coming to know that the deceased had succumbed to the injuries, the accused left the place. This information was given by Sharavana to the complainant. Thereafter, the complainant visited the spot found the dead body of the deceased Mahesh had fallen on the 4th Cross, Velur Shed near the house of one Nagaraj. The deceased had sustained severe injuries on his cheek and neck.

(2.) Based on the said complaint, a case was registered in Crime No.104 of 2009 for the offences punishable under Sections 341, 302, 506 read with 34 of the Indian Penal Code (for short 'IPC') in New Town Police Station, Bhadravathi, Shivamogga District against four accused persons. Investigation was taken up and the charge sheet was filed against accused Nos.1, 2 and 4 for the offences punishable under Sections 341, 302, 506 read with 34 of IPC.

(3.) In order to prove the case, the prosecution examined 22 witnesses, marked 20 exhibits and 11 material objects. The defence marked 7 exhibits. The accused pleaded not guilty and claimed to be tried. By the impugned order, all the three accused were convicted for the offences punishable under Sections 341, 302 and 506 read with 34 of IPC and were sentenced to undergo simple imprisonment for a period of one month for the offence punishable under Section 341 read with 34 of IPC, sentenced to undergo rigorous imprisonment for a period of two years for the offence punishable under Section 506 read with 34 of IPC, sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/- each for the offence punishable under Section 302 read with 34 of IPC and in default in payment of fine amount, to undergo further imprisonment for 6 months.