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2019 Supreme(Kar) 1821

RAVI MALIMATH, H.P.SANDESH
KOUSHIK @ KASHI SON OF MOHAN DAS – Appellant
Versus
STATE OF KARNATAKA BY SUBRAMANYAPURA POLICE BENGALURU – Respondent


Advocates Appeared:
For the Appellant :SRI. KARTHIK YADAV U., ADVOCATE FOR SRI. VENKATA REDDY S.K., ADVOCATE
For the Respondent: SRI. V.S. HEGDE

JUDGMENT :

This appeal is filed by the accused challenging the judgment of conviction passed in S.C.No.451/2012 dated 18.7.2017 on the file of Principal City Civil and Sessions Judge, Bengaluru for the offences punishable under Sections 302, 392, 201 of Indian Penal Code.

2. Brief fats of the prosecution case are, On 2.12.2011, the complainant who is the husband of deceased received a phone call around 1.45 p.m. that fire was emanating from their house and at that time complainant was in Bidadi along with his friend P.W.5. The said call was made by P.W.4 who was the tenant of the complainant and asked him to come immediately. When the complainant came to house, he found fire in the house and his wife was lying dead on the cot in the room. The said cot, bed and other things were half burnt and that the neighbours extinguished the fire. It is also the case of prosecution that mangalya chain was missing from the neck of his wife and when the complainant also checked the almirah, jewels and cash were found missing. Complainant left the house at 11.45 a.m. and some culprits came to his house and lynched his wife and laid the dead body on the cot and set fire, after robbing cash and jewels

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