SUSHANTH GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal arises against the judgment and order of conviction and sentence passed by the II Additional District and Sessions Judge, Hassan in SC.No.208/2013 dated 29.1/1.2.2016.

(2.) We have heard Sri P.D.Subrahmanya, learned counsel for the appellants-accused No.2 to 4 and Sri I.S.Pramodchandra, learned SPP-II appearing for the respondent-State.

(3.) The gist of the case of the prosecution is that accused, deceased and PW.1 were engaged for coolie work in Coffee Plantation belonging to PW.3- Sandesh R.S. PW.1-complainant, deceased and accused Nos.3 and 4 were residing in the residential lane in the said Coffee Estate at Sakaleshpura. It is further case of the prosecution that the deceased Pradeep Pradhan, son of the complainant-PW.1 was teasing the daughters of accused Nos.3 and 4. It is further case of the prosecution that accused Nos.3 and 4 called accused No.2 and they hatched a conspiracy with an intention to eliminate the son of the complainant Pradeep Pradhan and they offered money to accused No.1 for the said act. In that light on 22.3.2013 at about 7.00 p.m. when the pretending to go towards Halekeri Village, took him near Chotahalla adjacent to the land belonging to PW.3 with a common intention to take away the life of the deceased Pradeep Pradhan, accused No.1 caught hold of the deceased, accused No.4 kicked him, accused No.3 assaulted with chopper on the leg of the deceased, accused No.2 caused cut wounds on the backside of the neck and thereafter accused No.1 took the same chopper and caused cut injuries and slit the throat and thereafter they destroyed the evidence. It is further case of the prosecution that on that day, the deceased did not return to home even after 9.00 p.m. When the complainant asked the accused persons about his son, they did not give proper answers. They searched for the deceased and on 23.3.2013 at about 11.00 a.m., they found the dead body of the deceased Pradeep Pradhan with injuries and thereafter the complainant filed the complaint as per Ex.P1. On the basis of the said complaint, a case came to be registered in Crime No.56/2013 for the offences punishable under Sections 302, 201 r/w. Section 34 of IPC. After completion of investigation, chargesheet has been filed as against the accused. Accused No.1 is absconding till today. After following the procedure the Sessions Court took cognizance and secured the presence of accused Nos.2 to 4. Thereafter the charge was prepared. Accused Nos.2 to 4 denied the contents of the charge and claimed to be tried as such the trial was fixed.