IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED TI-HS THE 29'?" DAY OF JULY. 2009
PRESENT
THE HONBLE MR. JUSTICE K.SREED§-{AR RAO
AND
THE HON 'BLE MR. JUSTICE C.R. KUMARASWAMY
Cr1.A. NO. 978 OF 2006
BETWEEN: --
1.
KRISHNAMURTHY,
S/O. K.G.HANUMANTHA1AH
AGED ABOUT 43 YEARS.
GANGADHARA,
S/O. K.G.HANUMANTHA1AH.
AGED ABOUT 38 YEARS,
BOTH ARE AGRICULTURESTS.
AND R/ O. KULUMEPALYA,
HUTHRIDURGA HOBLI,
KUNEGAL TALUK.
APPEI,.LANTS
(BY SR1 K.M. MURARI MOUNI, ADVOCATE}
AND:--
STATE BY KUNIGAL POLICE,
AT KUNIGAL,
TUMKUR DISTRICT.
RESPONDENT
(BY SRI G. BHAVANI SENGH, SPP)
Pa.)
THIS CRL.A. IS FILED U/S. 3'74.» CR.P.C. BY THE
ADVOCATE FOR THE APPELLANT/S AGAINST THE
JUDGMENT DT. 15.3.06 PASSED BY P.O., FTC--I, TUMKUR,
IN S.C.NO.I67/O3. APPELLANTS/ACCUSED N01 81 2 FOR
THE OFFENCE PUNISHABLE U/SS. 302 & 201 R/W. SEC.
34 OF IPC & SENTENCING THEM TO UNDERGO R.I. FOR
LIFE AND TO PAY A FINE OF RS.I0,000/- IN DEFAULT, TO
UNDERGO R.I. FOR ONE MONTH, FOR THE OFFENCE U/S.
302 R/W. SEC. 34 OF IPC, AND FURTHER SENTENCING
THEM TO UNDERGO R.l. FOR 3 YEARS & TO PAY A FINE
OF RS.2,000/- IN DEFAULT TO UNDERGO R.I. FOR 10
DAYS FOR THE OFFENCE PUNISHABLE U/S. 201 R/W.
SEC. 34 OF IPC. THE SENTENCE OF IMPRISONMENT IN
RESPECT OF BOTH OF FEN C ES SHALL GO
CON CURRENTLY. THE APPEL_LANT/ ACCUSED PRAYS THAT
THE ABOVE ORDER MAY BE SET ASIDE.
This appeal is coming on for hearing this day,
SREEDHAR RAO, J ., delivered the following:
JUDGMENT
One Hanumantharaju is the deceased. PW 6 is the
father of the deceased. PW 15 is the mother of the deceased.
PW 16 is the maternal uncle of the deceased. A-1 and A-2
are the brothers. The prosecution case is that there was rift
between the accused and the deceased. O11 I.7.2003 the
deceased got down from the bus at Kenchanahalii gate and
was proceeding towards his Village. The accused persons
followed the deceased and at a little distance, the accused
persons assaulted the deceased. caused his death and threw
«P
the dead body in the open well. The dead body is traced on
6.7.2003.
2. PW6 lodged the complaint to the police at Ex.P5
stating that Al, A2 and A3 have caused the death. The body
is subjected to PM examination. The PM report discloses that
the body is highly decomposed and the death has taken
place 4-5 days back. In the course of the investigation, it
reveals that PW1 is a witness to the incident of quarrel and
assault by Al and A2 on the deceased on 1.7.2003 around
7.30 pm in the night. The investigation agency has laid the
charge sheet against A-1 and A–2. The case against other
accused is spilt up. The trial Court has acquitted A1 and A2
for the offence U/s 302 and 201 r/w 34 IPC.
3. PW 1 is a owner of the shop near Kenchanahally
bus stand and he testify to the fact that on 21.12003. at
7.30p.m. the deceased was got down from the bus and he
was proceeding to his village. The accused persons also
followed the deceased. PW 1 has turned hostile and does not
support the prosecution case. PW 21 is a native of Kundur
village which is at a distance of 10 Kms away from
%/