DEVARAJA @ RAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal preferred by the appellantsaccused Nos.1 and 2 being aggrieved by the judgment and order of conviction and sentence dated 08.10.2012 passed by Additional Sessions Court, Hassan in S.C.No.158/2010. By the said judgment, the appellants herein have been convicted for the offence punishable under Sections 302 and 201 read with Section 34 of IPC.

(2.) Brief facts of the prosecution case as per the averments made in the complaint and as pleaded in the appeal memorandum are that, on 07.03.2010 at about 9.00 a.m., when the complainant was going towards his land, he found a dead body which was floating in the Yagachi Canal, which was coming from Belur side and he pulled the dead body from the Canal and found that deceased had sustained injuries on forehead and all over the body. He presumed that someone has committed murder and thrown the body into the Canal. Thereafter, he went to police station and lodged complaint, based on which crime came to be registered.

(3.) After conducting investigation, the Investigating Officer filed chargesheet against the accused persons for the offence punishable under Sections 302, 201 and 109 read with Section 34 of IPC.