KRISHNA @ DANDUPALYA KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.A.No.538/2014 has been preferred by accused Nos.1 and 6 and Crl.A.No.1322/2018 has been preferred by accused Nos.3 to 5, being aggrieved by the Judgment of Conviction and Order of Sentence passed by the 34th Addl. City Civil and Sessions Judge and Presiding Officer, Special Judge, Central Prison Premises in S.C.No.361/2000 dated 29.7.2005/30.7.2005.

(2.) Brief facts of the case of the prosecution are that on 19.5.1999 at house No.442, HBR layout, Kalyananagar, Bangalore, a male aged about 20 years was killed by some unknown persons when he was alone in the house and had taken away valuable ornaments from almirah. In the evening parents came to the house and noticed that deceased was lying in a pool of blood and the same was reported to the police as per Ex.P1. On the basis of the complaint, case was registered in Crime No.353/1999 under Sections 454, 392 and 302 of IPC and after investigation, chargesheet was laid against the accused persons. Thereafter, the case was committed to the Sessions Court.

(3.) The Sessions Court took cognizance and after hearing the learned counsel for the accused and the learned Public Prosecutor the charge was read over and explained to the accused. The accused pleaded not guilty and as they claimed to be tried, the trial was fixed. In order to prove the case of the prosecution, the prosecution got examined 13 witnesses and got marked 29 documents with sub-markings and also material objects 1 to 24. Thereafter, statement of the accused came to be recorded under Section 313 of Cr.P.C. by putting incriminating material as against the accused. Thereafter, the accused led the evidence of D.Ws.1 to 9 and during the course of cross-examination of P.W.4, they also got marked Ex.D1. After hearing the learned counsel for the parties, the impugned judgment of conviction and sentence came to be passed. Assailing the same, accused Nos.1 to 6 have preferred Crl.A.No.538/2014 and accused Nos.3 to 5 have preferred Crl.A.No.1322/2018.