KARTHIK @ KARTHIK KUMAR Vs. STATE BY DABASPET POLICE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 21/24.08.2015 passed by the Prl. Sessions Judge, Bengaluru Rural District in S.C.No.179/2011 convicting the accused for the offences punishable under Sections 302 and 404 IPC, 1860. The accused was sentenced to undergo imprisonment for life and to pay a fine of Rs.15,000/- for the offence punishable under Section 302 IPC with default clause. It was ordered that out of the fine amount, a sum of Rs.5,000/- each shall be paid to PW.1 and PW.4 as compensation under Section 357(1) Cr.P.C. However, the Court below held that in view of provisions of Section 71 of Indian Penal Code, there is no need to impose a separate sentence for the offence punishable under Section 404 of Indian Penal Code.

(2.) The factual matrix of the appeal is as under:

(3.) When the things stood thus, PW.11 S.M.Rajanna working as a manager in a choultry at Shivagange of Nelamangala Taluk, got information that the dead body of a female was lying near 'Olakallu Theertha' on Shivagange hills. Accordingly, he went there and found the dead body was lying and thereafter, lodged a complaint with Dabaspet Police as per Ex.P14. It is further stated that in the said complaint that some unknown persons might have caused the death of the deceased by crushing her with a stone. It is based upon that complaint, PW.21 - the Assistant Sub-Inspector of Police of Dabaspet Police Station registered a case in Crime No.238/2010 for the offence punishable under Section 302 IPC. Since this complaint also did not disclose the name of the offender, FIR was registered against unknown persons. Subsequent to registration of crime, PW.21 handed over further investigation to PW.39, the Circle Inspector of Police of Nelamangala Circle.