MANJUNATH @ MANJA @ JEEVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by accused No.1 challenging the judgment and order of conviction and sentence dated 24/25.4.2014 passed by the XIII Fast Track Court, Bangalore City in SC.No.953/2009.

(2.) Brief case of the prosecution is that on 13.3.2009 at about 10.45 p.m. when the deceased was talking over phone in front of Popular Car Center in 3rd Cross, Maruthinagar, Nagarabhavi, Bengaluru by parking his motorcycle bearing Regn.No.KA-02-EL-8878, all the three accused persons came on RX motorbike bearing Regn.No.KA-02-EF.3095 and snatched the mobile phone of the deceased Somesh and at that time accused No.1 inflicted injury with knife on right side of the neck and backside of left thigh, accused No.2 also inflicted injury below the right knee and caused grievous injuries and took away Nokia mobile phone after boarding the motorcycle which they have brought and the same was ridden by accused No.3. It is further case of the prosecution that the said intimation was given to the complainant who went to the hospital, where he came to know that the injured Somesh has succumbed to the injuries. He went to Chandralayout Police Station and filed a complaint. On the basis of the complaint at Ex.P1, a case was registered in Crime No.81/2009 for the offence punishable under Section 302 r/w. 34 of IPC. After completion of investigation, the investigating agency laid the charge sheet against the accused persons. Committal Court committed the case and thereafter the Sessions Court took cognizance and after hearing both the sides framed the charge which was read over and explained to the accused person, he pleaded not guilty and as he wanted to face the trial, the trial was fixed.

(3.) In order to prove its case, the prosecution examined 26 witnesses and got marked 27 Exhibits with sub-markings and 18 Materials Objects. After closure of the evidence of the prosecution the statement of the accused person was recorded under Section 313 of Cr.P.C. by putting incriminating materials against him, but he denied the same. Accused Person has not examined any witnesses, but got marked one Exhibit at Ex.D1. After hearing both sides, the trial Court passed the impugned judgment and order convicting the accused person for the offences punishable under Sections 397, 302 r/w. Section 34 of IPC. Assailing the same, accused No.1 is before this Court.