JITHENDRA @ JITHUKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction and order on sentence passed by the Presiding Officer, Fast Track Court-XVII, Bengaluru, (hence forth for brevity referred to as the 'Sessions Court') in S. C. No. 181 of 2011, dated 07. 07. 2012, convicting them for an offence punishable under Section 302 read with Section 149 of Indian Penal Code and sentencing them to undergo life imprisonment and to pay a fine of Rs. 2,500/- each and in default of payment of fine, to undergo simple imprisonment for a period of six months, the accused Nos. 1 and 2/appellants have filed these appeals.

(2.) In their memorandum of appeals, the appellants have taken the contention that accused Nos. 4, 5 and 7 have been acquitted in the matter and that there is no finding that accused Nos. 1 and 2 had formed an unlawful assembly with other accused or any other person. Therefore, the conviction of accused Nos. 1 and 2 for the offence punishable under Section 302 read with Section 149 of Indian Penal Code, is illegal. The case of the prosecution is based on the part testimony of PWs-1, 4 and 10. However, their evidence lost any consistency, as such, they are not trustworthy. The narration of the incident as given by the prosecution witnesses does not tally with each other. No Test Identification Parade was conducted to fix the identity of the appellants. With these, the appellants have prayed for allowing the appeals, by setting aside the judgment of conviction and order on sentence passed against them.

(3.) The respondent is being represented by State Public Prosecutor-I.