MADESHA @ AVVA MADESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by the appellants-accused being aggrieved by the judgment and order dated 26.2.2016 passed by the II Additional Sessions Judge, Mysuru in S.C.No.233/2008 convicting the appellants for the offences punishable under Sections 307, 449, 201, 427, 143, 144, 147, 148 and 302 of IPC and sentencing them accordingly.

(2.) Brief facts of the prosecution case are that on the intervening night of 14/15.05.2008 appellants herein alleged to have committed the murder of Rajesh and Ramu while injuring P.Ws.4 and 14 at a farm house belonging to one Muddappa, situated behind APMC, Hunsur and the said offence has been committed by using machetes M.Os.1 to 6. The motive attributed for the commission of offence is that appellant No.1 was doing real estate business, while the deceased were also into same profession. About one and half months prior to the incident, deceased Rajesh had attacked appellant No.1 in connection with business and in this regard appellant No.1 had developed ill-will against the deceased. On the basis of the said complaint, case was registered in Crime No.108/2008. After completing the investigation, the Investigating Officer has filed the charge sheet against the accused persons for the said offences.

(3.) We have heard the arguments of Sri.Ravi.B.Naik, learned senior counsel representing accused Nos.4 and 7, Sri.Hashmath Pash, learned counsel representing accused Nos.1 and 2 and also Sri.Parameswarappa.C, learned counsel representing accused Nos.3, 5, 6 and 8.