Anthony Dsouza – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
Sema, J.-Four appellants - Anthony D Souza, Anil Kumar @ Anil D souza, Seril D souza and George D souza @ Babli were tried by the Additional Sessions Judge, Chickmagalur and convicted for the offences under Section 143 IPC. Section 396 read with 149 IPC and Section 201 read with 149 IPC and sentenced to undergo SI for six months for the offence under Section 143 IPC, rigorous imprisonment for life for the offence under Section 396 read with Section 149 IPC and a fine of Rs. 5000/- each. In default of payment of fine SI for three months and to undergo two years RI and to pay a fine of Rs. 2000/- each for the offence under Section 201 read with Section 149 IPC and in default of payment of fine, SI for three months. All the substantive sentences were ordered, to run concurrently. On appeal their conviction and sentence is confirmed by the High Court. Hence the present appeal.
2. Briefly stated facts are as follows:-
Deceased Vittal Shetty and Paul were employed as driver and cleaner in a lorry bearing Registration No.CNO 8928 belonging to Kiran Transport Company owned by PW-5 Sri Castelino and his son PW-16 Kiran Castelino. On 17-2-1992, PWs 5 and 16 had sent the lorry driven
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