BASAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant is the sole accused before the 1st Additional Sessions Judge, Bijapur in S.C.No.150/2010 who was convicted by the learned Sessions Judge for the offences punishable under sections 302 and 201 of Indian Penal Code and sentenced him to undergo imprisonment for life and to pay fine of Rs.25,000.00 for the offence punishable under section 302 with default sentence and also to undergo rigorous imprisonment of five years and to pay a fine of Rs.5,000.00 for the offence under section 201 of Indian Penal Code.

(2.) Before adverting to the grounds urged by the learned counsel for the appellant and the learned Addl. State Public Prosecutor, it is just and necessary for us to go through the brief factual matrix of the case.

(3.) After committal proceedings, accused was secured by the learned Sessions Judge and framed charges against him for the above said offences. As the accused pleaded not guilty, he was put on trial for the offences under sections 302 and 201 of Indian Penal Code. The prosecution in order to bring home the guilt of the accused, examined as many as 31 witnesses as PWs.1 to 31 and got marked 45 documents as per Ex.P1 to P45 and during the course of cross-examination of PWs.6, 8 and 9 accused also got exhibited D1 to D3. Material objects at MOs.1 to 11 were also marked. Accused was also examined under section 313 of Crimial P.C. and his answers were recorded. Accused did not choose to lead any defence evidence. Thereafter learned Sessions Judge after hearing both the sides rendered the impugned judgment of conviction and sentence as noted supra.