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1994 Supreme(SC) 473

A.S.ANAND, FAIZAN UDDIN
Anshad: Shashi Alias Shashidharan – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT

A.S. Anand, J.

1. These are appeals by special leave and since they arise out of the common judgment of the High Court, they are being disposed of together.

2. Rajan (A1), Shashi (A2), Anshad (A3), Raju (A4) and Raghu (A5) were tried by the Second Additional Sessions Judge, Bangalore for offences Under section 396, 449, 395 and 307 IPC and convicted. They were sentenced to suffer imprisonment for life and to pay a fine of Rs. 250 each and in default to suffer rigorous imprisonment for three months under each of the charges Under sections 449 IPC, 396 IPC as well as Under section 307 IPC. Separate sentence for offence unde section 395 IPC was not passed by the learned trial court which rendered its judgment on 8th May 1992. The appellants challenged their conviction and sentence in the High Court and the State also filed an appeal seeking enhancement of the sentence of imprisonment. The High Court vide its judgment dated 16th November 1993, dismissed the appeal filed by the appellants but partly allowed the appeal filed by the State in respect of Al, A2 and A3. Their sentence of life imprisonment was enhanced to that the death sentence.

3. The prosecution case is as follows :

A1























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