NAGA @ NAGARAJ @ NAGESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the impugned judgment of conviction and order of sentence held by the Trial Court in S. C. No. 208/2005 dated 13. 04. 2012 convicting the appellant accused and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default to undergo simple imprisonment for three months for the offence under Section 302 IPC and further sentencing him to undergo simple imprisonment for three years and to pay a fine of Rs. 10,000/- for the offence punishable under Section 201 IPC. The sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are as under:

(3.) On 31. 05. 2005 when the accused went to the Mission Hospital to bring back the said maruthi van from the premises and when he was about to move the said van, he is said to have been apprehended by the Mandi police. Subsequently, the Mandi police took up investigation and on interrogating him had obtained voluntary statement from him, on the basis of which a case was registered against the accused for offences punishable under Sections 302 and 201 of IPC. The Investigating Officer had then laid a charge-sheet against the accused for the aforesaid offences. Subsequently, the Trial Court had framed the charge against the accused for the offences punishable under Sections 302 and 201 of the IPC, where the accused pleaded not guilty but claimed to be tried. Accordingly, the plea of the accused had been recorded.