GIRISH @ GIRIKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction and order of sentence dated 27. 07. 2012 in S. C. No. 1072/2009 passed by the Addl. Sessions Judge, Fast Track Court-XIV, CCC, Bangalore City (hence forth for brevity referred to as the 'Sessions Court') wherein the accused No. 1 and 2 were convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and accused No. 2 alone was convicted for the offence punishable under Section 307 of the Indian Penal Code, those two accused No. 1 and 2 have preferred this appeal.

(2.) In their memorandum of appeal the appellants have stated that the Court below has grossly erred in appreciating the evidence which has wrongly come to the conclusion that PWs. 1 and 2 were the eye witnesses to the alleged incident. It ignored the omissions and contradictions elicited in the evidence of PWs. 1 and It also ignored the fact that PW. 21 the Investigating Officer had wrongly attributed a strong motive as against the present appellants who were already in the custody prior to the occurrence and the said Investigating Officer was instrumental in fixing the appellants as accused. The said Investigating Officer had no powers to investigate the case under Section 156 of the Criminal Procedure Code. The voluntary statements of accused Nos. 1 and 3 also does not have legal sanctity. With this they have prayed for allowing the appeal by setting aside the judgment of conviction and order on sentence under appeal and to acquit them of the alleged offences.

(3.) The respondent is being represented by the Additional State Public Prosecutor.