LAWS(KAR)-2019-8-282

SHIVARAJU Vs. STATE OF KARNATAKA

Decided On August 20, 2019
Shivaraju Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.

(2.) Charge-sheet came to be filed against the petitioner who is arraigned as accused No.2 with others for the offence punishable under Section 302 of IPC, which is later culminated in SC.No.59/2019 on the file of III Additional District and Sessions Judge, Ramanagara for the offence punishable under Sections 302, 201, 114, 120B read with Section 34 of IPC.

(3.) The brief facts of the prosecution case are that, accused Nos. 3 and 4 were not happy with deceased-Sunil who took some photographs pertaining to the engagement of accused No.4 and he was blackmailing accused No.4 in this regard. Accused Nos. 3 and 4 decided to do away with the life of deceased-Sunil with the help of accused No.1. In this context, it is alleged that, accused Nos.1 and 2 have joined hands together to remove the deceased-Sunil from the universe. In this backdrop, it is alleged that on the date of incident i.e. on 29.01.2019 accused No.1 brought the deceased-Sunil to the School field where CWs.4 to 8 were playing cards. At that time, accused No.1 along with accused No.2 threw chilli powder on the face of the deceased and committed the murder of the deceased-Sunil by hitting him on the head with a stone. Thereafter, they threw away the stone into the water. Thereby, accused Nos. 1 and 2 have committed the offence along with accused No.3 and 4.