RANGASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Respondent-Police have prosecuted two accused persons, namely, Rangaswamy who is the appellant herein and his mother Smt.Sarasamma before the Trial Court for the offence under Section 302 read with Section 34 of the Indian Penal Code. It appears that second accused Smt.Sarasamma died long back by committing suicide. Therefore, accused No.1/appellant was tried by the Trial Court for the above said offence. The learned Fast Track Judge, Hassan has convicted the appellant in S.C.No.173 of 2012 vide judgment dated 10.10.2013 for the offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/- with default sentence of simple imprisonment for two months.

(2.) Before adverting to the grounds urged by the learned counsel for the appellant and counter arguments by the State Public Prosecutor, we feel it just and necessary to have brief factual matrix of this particular case:

(3.) The prosecution in order to prove the guilt of the accused has examined as many as 20 witnesses and got marked Exs.P1 to 23 and also material objects, MOs 1 to 5. The accused was also examined under Section 313 of Cr.P.C. and thereafter, called upon him to enter into the witness box and lead defence evidence, if any. As the accused did not choose to lead any defence evidence, after appreciating the oral and documentary evidence on record, the Trial Court came to the conclusion that, the prosecution has proved the guilt of the accused beyond reasonable doubt and accordingly, convicted him and sentenced him as noted supra.