JUDGMENT

B.Veerappa, J. - Sri Hashmath Pasha, learned senior counsel and Sri Girish B. Baladare, learned counsel for the appellants, have argued the matter through video conference and Sri Vijaya Kumar Majage, learned Addl. SPP argued the matter being present in the open Court.

1(a). Criminal Appeal No.270/2015 is filed by Accused Nos.1,2 and 5; Criminal Appeal No.376/2015 is filed by Accused No.3; and Criminal Appeal No.642/2015 is filed by Accused No.4, against the common Judgment and order of conviction and sentence dated 30.12.2014 made in S.C. No.34/2013 on the file of the II Addl. Sessions Judge, Chikmagaluru convicting the Accused Nos.1 to 5 for the offences punishable under Sections 302 , 201 r/w 34 of IPC and sentencing them to undergo imprisonment for life and to pay fine of Rs.15,000/- each and in default of payment of fine to undergo further Simple Imprisonment for a period of one year for the offence punishable under Section 302 r/w 34 of IPC and to undergo rigorous imprisonment for a period of three years for the offence punishable under Section 201 r/w 34 of IPC.

I. FACTS OF THE CASE

2. It is the case of the prosecution that the deceased Anil Maruthi Kambar, was working in the Jewelry shop of PW.18 (CW.32) - Sri Vijayakumar Bapna. On 26.10.2012, PW.18 had sent the deceased to Chennai to collect gold from the jewelry shop owners at Chennai. Accordingly on 29.10.2012 the deceased collected gold ingots and jewels from the Jewelry shops at Chennai and also had collected cash of Rs.4,18,000/- from one Sri Aseem Mallik at Bangalore and was on his way back to Gokak. But on 30.10.2012 at about 3.30 to 4.00 p.m., the accused persons got in contact with the deceased and took him in a Maruthi car towards Hubli and committed his murder near Rainala village, on Hubli-Dharwad road, and took the gold ingots, jewels and cash form the deceased and dumped his dead body near a bridge at Kanive-Dasarahalli, on Chikmagaluru-Kadur road, Chikmagaluru taluk, to screen the offence. The intention of murder was for gain. After investigation, the jurisdictional Investigating Officer filed the charge sheet against the accused for the offences punishable under Sections 302 and 201 r/w Section-34 of IPC. It is further case of the prosecution that after apprehending Accused Nos.1 to 5 by the concerned Police, the matter was committed to the Prl. Sessions Judge, Chikmagalur.

3. In order to prove the guilt of the accused, the prosecution examined PWs.1 to 34 and got marked the documents - Ex.P1 to Ex.P52 and MOs.1 to 15.

4. After completion of evidence on behalf of the prosecution, the statements of the accused were recorded as contemplated under Section 313 of the Code of Criminal Procedure. The accused persons denied all the incriminating circumstances appearing against them and also the case set up by the prosecution. The accused neither led the defence evidence nor got marked any documents.

5. On the basis of the oral and documentary evidence on record, the learned Sessions Judge raised three points for consideration and recorded a finding that the prosecution proved that the deceased Anil Maruthi Kambara, aged about 35 years, resident of Gokak, Belagaum district, is dead and his death is a homicidal death. It was further held that the prosecution proved that on 30.10.2012 at about 3.30 to 4.00 p.m. accused Nos.1 to 5 took the deceased Anil Maruthi Kambar in a Maruthi car towards Hubli-Dharwad Road, near Rainala village and committed his murder for gain and have taken gold ingots, jewels and cash from the deceased and thereby they had committed the offence punishable under Section 302 r/w 34 of IPC. The learned Sessions Judge further held that the prosecution proved that on the above date, the accused persons after committing murder of the deceased Anil Maruthi Kambar, threw his body near a bridge at ' Kanive' on Chikmagaluru-Kadur road, in order to screen of the offence and thereby committed an offence punishable under Section 201 r/w 34 o