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2021 Supreme(Kar) 234

B.VEERAPPA, V.SRISHANANDA
DAYA SAGAR @ SUMITH, S/O VENKATESH KUMAR – Appellant
Versus
STATE OF KARNATAKA BY: AMRUTHUR POLICE STATION – Respondent


Advocates Appeared:
For the Appellant :SRI HASHMATH PASHA, SENIOR COUNSEL FOR SRI SANTOSH B., ADVOCATE
For the Respondent: SRI VIJAYAKUMAR MAJAGE, ADDITIONAL STATE PUBLIC PROSECUTOR

JUDGMENT :

1. The appellant/accused No.1 who is convicted for the offences punishable under Sections 302, 397 and 449 of the Indian Penal Code (‘IPC’ for short) and sentenced to undergo imprisonment for life, simple imprisonment for three years and rigorous imprisonment for a period of five years and fine of Rs.5,000/-, respectively, has preferred this Appeal challenging the validity of the judgment of conviction and order of sentence dated 10.11.2017 passed in S.C.No.56/2014 on the file of the VI Additional District and Sessions Judge, Tumakuru.

Brief facts of the case are:

2. The complainant by name P.K.Thanujamma, milk vendor, as usual went to the house of the deceased Yashodhamma on 10.09.2013 at about 7.00 am to lend milk and when there was no response, grew suspicious, went inside the house as doors were kept open and found Yashodhamma lying dead on the floor near the kitchen. Immediately she informed the neighbours who in turn informed the children of the deceased, who were residing at Bengaluru. After the news spread, the complainant visited the police station and lodged the complaint. The police registered a case initially against unknown person based on the complaint lodge

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