RAMESH @ ILANGESH AND ANOTHER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the prosecution is that accused No. 1 and the deceased were friends. There was financial transactions between both of them. That on 04.07.2007 at about 12.00 in the mid night near the house of CW-7, Nataraj, situated at Srinagar, Bengaluru, the deceased and accused No. 1 were quarrelling. CW-7 had pacified the quarrel. On 06.07.2007, at about 12.00 noon, the accused enraged by the previous quarrel with the deceased, hatched a conspiracy with accused No. 2, to murder the deceased. In furtherance of their common intention and the conspiracy, they took the deceased in a car bearing registration No.KA-04-N-1906 from Food World, Ring Road, Banashankari, 3rd Stage and kidnapped him in the aforesaid car and took him to Banashankari, 5th Stage, Vaddarapalya, BDA Layout, near Honge Mara (Indian Beech Tree). The accused No. 2 caught hold of the deceased and accused No. 1 stabbed and assaulted the deceased with a knife on the left side of the stomach, chest and neck etc., and caused his death.

(2.) PW-1, the father of the deceased having come to know of the incident, lodged a complaint with the Subramanyapura Police Station in Crime No. 192 of 2007 against accused No. 1 and others for the offences punishable under Sections 302, 364, 120(B) read with 34 of Indian Penal Code (for short 'IPC'). Investigation was taken up. A charge sheet was filed against the accused for the offence punishable under Sections 302, 364, 120(B) read with 34 of IPC.

(3.) In order to prove its case, the prosecution examined 22 witnesses, marked Exhibits-P1 to P46(b) and 17 material objects. The defence marked Exhibit-D1, which is the relevant portion of the statement of PW-7. The accused pleaded not guilty and claimed to be tried. By the impugned order, both the accused were convicted for the offences punishable under Sections 302, 364, 120(B) read with Section 34 of IPC and were sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 15,000/- each, in default to pay fine, to further undergo rigorous imprisonment for three months for the offence punishable under Section 120(B) read with 34 of IPC. They were further sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 15,000/- each, in default to pay fine, to further undergo rigorous imprisonment for three months for the offence punishable under Section 364 read with 34 of IPC and further they were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 25,000/- each, in default to pay fine, to further undergo rigorous imprisonment for 6 months for the offence punishable under Section 302 read with 34 of IPC.