RAMU S/O RAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Court of Fast Track, Sagar (hereinafter referred to as "Trial Court" for brevity) in its judgment dated 31.01.2014 passed in S.C.No.34/2011 convicted Accused Nos.1 and 2 (Appellants in Crl.A.No.142/ 2014) and Accused No.3 (Appellant in Crl.A.205/2014) for the offences punishable under Section 364(A) read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC" for brevity) and sentenced them accordingly.

(2.) The summary of the case of the prosecution is that on 7.7.2008 at about 1.55 p.m., in Melavarige village in Sagar Taluk, a boy by name M.S. Adithya - PW.2 who was minor in his age, was kidnapped by Accused Nos.1 and 2 in connivance with Accused Nos.3, 4 and 5, for a ransom. The charge-sheet was filed against five accused against the complaint for the offence punishable under Section 364-A read with Section 149 IPC and they were charged accordingly for the said offences. Since the accused pleaded not guilty, trial was held, wherein the prosecution in order to prove the alleged guilt against the accused, examined 18 witnesses PW.1 to PW.18 and got marked documents from Exhibits P1 to P14 and Material Objects from MO.1 to MO.6. No witness was examined for the accused side but however, in the cross-examination of prosecution witnesses, they got marked portion of documents as Exhibit D1 and Exhibit D1(a).

(3.) After hearing both the sides, the Trial Court by its impugned judgment convicted Accused Nos.1 & 2 (Appellants in Crl.A.142/2014) and Accused No.3 (Appellant in Crl.A.205/2014) for the offence punishable under Section 364(A) read with Section 34 of IPC and sentenced them accordingly. However, the Trial Court acquitted Accused Nos.4 and 5 for the alleged offences.