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2015 Supreme(Kar) 999

MOHAN M.SHANTANAGOUDAR, R.B.BUDHIAL
Gajendra Alias Bikla – Appellant
Versus
State By C. C. B. , N. T. Pet Police – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sriyuths Mohan Kumar D. for M/s. Sri Sapthagiri Law Associates, C.H. Jadhav, Senior Counsel for Rattihalli Geeta Veeranna, Advocate.
For the Respondent: K.R. Keshavamurthy, State Public Prosecutor-2.

JUDGMENT :

Mohan M. Shantanagoudar, J. - The judgment and order of conviction and sentence dated 15/16-7-2011, passed by the Fast Track Court-XVII, Bangalore City, in SC No. 874 of 2008 is called in question in these appeals by the convicted accused.

By the impugned judgment, the Trial Court convicted the accused for the offences punishable under Sections 302 and 392 read with Section 34 of Indian Penal Code, 1860.

Cri. A. No. 1148 of 2011 is filed by accused 2, whereas Cri. A. No. 192 of 2002 is filed by accused 1.

2. Case of the prosecution in brief is that, between 10.00 a.m. and 1.30 p.m. on 16-4-2008, accused 1 and 2 with an intention to rob the gold ornaments in the house of P.W. 1-Ramana Rao, situated within the limits of Rajagopalanagar Police Station, entered the house; after noticing that Smt. Gangamma (mother of P.W. 1), aged about 75 years (deceased) was alone in the house, squeezed her neck and pressed her face with pillow and kept rice bag on her chest; thereafter the accused robbed cash and gold ornaments worth Rs.5 Lakhs and disappeared from the scene. It is relevant to note that accused 1 is the brother-in-law of P.W. 1 (wife of accused 1 and the wife of P.W. 1 are gen




























































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