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2015 Supreme(Kar) 522

MOHAN M.SHANTANAGOUDAR, P.D.WAINGANKAR
Marappa – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N.R. Krishnappa, Adv.
For the Respondent: Chetan Desai, HCGP

JUDGMENT

P.D. Waingankar, J.

1. By judgment dated 17.10.2011 in S.C. No. 87/2010 on the file of Fast Track Court - II at Chmtamani, the accused has been convicted for the offence punishable under Section 302of IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 50,000/-. Aggrieved by the same, the accused has preferred this appeal.

2. The facts which gave rise to this appeal are as under: The accused-Marappa @ Marappareddy and deceased-Lakshminarayanappa, the husband of P.W. 1-Smt. Susheelamma were close friends. The accused was doing rewinding work and repairing water pumps. The deceased was working with him in his work. About 15 days prior to the murder of the deceased, the deceased, his wife (P.W. 1) and Rathnamma (P.W. 5), the elder brother's wife of the deceased purchased a gold necklace and Chandrahara from a jewellery shop at Chintamani. On 10.04.2010 at about 8.00 a.m., the deceased-Lakshminarayanappa took the necklace and Chadrahara, while going to the house of his friend/the accused at Hosahudaya village in order to show the ornaments to the wife of the accused. He did not turn up. His wife (P.W. 1) contacted him over mobile. The deceased told that he














































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