RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants/accused Nos. 1 and 2 being aggrieved by the judgment of conviction and order of sentence dated 23.11.2011 passed in Session Case No. 81/2008 on the file of Presiding Officer, Fast Track Court-I/II, Bijapur have filed this appeal.

(2.) It is the case of the prosecution before the Trial Court that on 03.01.2008 accused Nos. 1 and 2 on seeing that CW 20 Shivamma giving amount of Rs.10,000/- to the deceased SharanabasavaS/o Venkappa Uppar in the commission agent shop of Neelappa S/o Basappa Dhavalagi R/o Muddebihal, with common intention of grabbing that amount by committing the murder of deceased Sharanabasava, persuaded the deceased to come with them on the motorcycle of accused No.2 stating that they would take him to his village on the motorcycle. Accused took the deceased on the motorcycle of accused No.2 to the jawar land situated within the jurisdiction of Talikoti police station of one Basanna CW 24 at about 17.00 hours. Both accused made the deceased to fall on the ground. Accused No.1 kicked on his thigh and accused No.2 removed waist thread of the deceased and strangulated him around the neck with waist thread and caused his death by suffocation and took away cash of Rs.10,000/- from him and further accused in order to screening themselves from the legal punishment buried the dead body of the deceased in the land of Basanna, thereby the accused have committed the offences punishable under sections 302 and 201 R/w section 34 of IPC.

(3.) One Timmanana S/o Amarappa Sindhanur lodged complaint and set the law into motion. The respondent police on the basis of said complaint registered the case and after completing the investigation CPI Siddanna filed charge-sheet against the accused for the offences punishable under sections 302 and 201 R/w section 34 of IPC.