JUDGMENT :

This appeal is directed against the judgment of conviction and order of sentence rendered by the trial Court in S.C.No.9/2008 dated 24/26.08.2010, whereby the accused is convicted for the offence punishable under Sections 307 r/w 511 of IPC and 120B of IPC. The appellant said to be arraigned as accused No.1 is sentenced to suffer an imprisonment for a period of two years for the aforesaid offences.

2. The factual matrix of the case as per the charge-sheet laid by the I.O. is that on 16.08.2006, the appellant-accused No.1, along with accused No.2 Pandu Pai @ Panduranga Pai @ Praveen Pai, had agreed to take away the life of CW2 Nagesh Devadiga @ Pitti Nagesh for a ransom of Rs.2,00,000/, because of some previous enmity. Accused No.2 had promised to pay the said ransom to accused No.1, but during the course of trial, accused No.2 is reported dead and therefore the case against him stood abated. As on the aforesaid date at around 5 p.m., at Badagubetta Village near Kukkikatte Bus Stop, accused No.1 was present and waiting for CW2 Nagesh Devadiga @ Pitti Nagesh as he was hatching a plan with accused No.2 to take away the life of CW2. A photograph of CW2 was found in the possess