LAKKAPA NINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) LAKKAPPA , Ningappa and four others were tried for the murder of Shiddappa and Nagappa. The trial Court convicted them under sections 447, 326 and 302 read with section 149 of the Indian Penal Code and sentenced them to life imprisonment under 302 IPC, 2 years under 326 IPC and 3 months under 447 IPC. On appeal, filed by all the accused, the High Court gave benefit of doubt to accused No.6 and acquitted him, the conviction and sentence of accused No.2 Ningappa under section 302 IPC was upheld and so far as accused Nos. 1 and 3 to 5 were concerned they were acquitted of the charge under section 302 read with section 149 IPC but were convicted under section 304 Part II read with section 149 IPC and sentenced to five years rigorous imprisonment. The conviction and sentence of accused Nos. 1 to 5 for offence under sections 447 and 326 read with 149 IPC was upheld. This Court granted special leave only to accused Nos. 1 and 2. The special leave petition of accused Nos. 3 to 5 was dismissed by this Court.