Point of Law : Prosecution has failed to establish the guilt of the accused persons by facilitating worthwhile evidence. [Para 236]

JUDGMENT :

All these Criminal Appeals have been filed by the accused/appellant in the respective appeals, seeking to set aside the judgment of conviction rendered by the LVIII Addl. City Civil and Sessions Judge (CCH-59), Bengaluru City, in S.C.No.428/2013 dated 28.10.2020 and to thereby acquit the accused/appellant in the respective appeals of the offences leveled against them. Since all these appeals arising out of the same judgment in S.C.No.428/2013, they are heard together and are disposed of by this common judgment.

2. The appeal in Crl.A.No.118/2021 has been preferred by appellants/Accused Nos.1 to 3 namely, Rangaswamy @ Ranga/Accused No.1, R. Shankar/Accused No.2 and Raghavendra @ Raghu/Accused No.3, challenging the judgment of conviction dated 28.10.2020 and order of sentence dated 29.10.2020 rendered by the Trial Court in S.C.No.428/2013. By the said judgment, the Trial Court has convicted the present appellants/Accused Nos.1 to 3 for offences punishable under Sections 120-B, 143, 147, 148, 302 and read with Section 149 of the IPC. Apart from the same, Accused No.1 has been convicted for offences punishable under Section 150 read with Section 149 of the IPC. Further, Accused No.3 has been convicted also for offences punishable under Section 506-B read with Section 149 of the IPC. They have been sentenced to undergo rigorous imprisonment for two years for the offences punishable under Section 120-B read with Section 149 IPC and to pay a fine of Rs.2,000/-each along with default clause; further to undergo simple imprisonment for six months for the offence punishable under Section 143 read with Section 149 of the IPC and to pay a fine of Rs.2,000/-each along with default clause; further to undergo simple imprisonment for one year for the offence punishable under Section 147 read with Section 149 of the IPC and to pay a fine of Rs.1,000/-each along with default clause; further to undergo simple imprisonment for two years for the offence punishable under Section 148 read with Section 149 of the IPC and to pay a fine of Rs.3,000/-each with default clause; Accused No.1 was sentenced to undergo simple imprisonment for six months for the offence punishable under Section 150 read with Section 149 of the IPC and to pay a fine of Rs.2,000/-along with default clause; Accused No.3 was sentenced to undergo simple imprisonment for three months for the offence punishable under Section 506-B read with Section 149 IPC and to pay a fine of Rs.1,000/-along with default clause; and Accused Nos.1 to 3 were sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302 read with Section 149 of the IPC and to pay a fine of Rs.25,000/-along with default clause. All the sentences of imprisonment were to run concurrently with a further direction that the entire fine amount was to be remitted to the State.

3. The appeal in Crl.A.No.53/2021 is preferred by appellants/Accused Nos.4, 5, 6, 7, 9, 10 and 11 challenging the judgment of conviction dated 28.10.2020 and order of sentence dated 29.10.2020 rendered by the Trial Court in S.C.No.428/2013. By the said judgment, the Trial Court has convicted all the appellants/Accused Nos.4, 5, 6, 7, 9, 10 and 11 for offences punishable under Sections 120-B, 143, 147, 148, 302 read with Section 149 of the IPC. Apart from these, Accused Nos.4, 5 and 7 were also convicted for offences under Section 109 read with Section 149 IPC and Accused Nos.4, 5, 7, 9 and 11 were further convicted for offences punishable under Section 150 read with Section 149 of the IPC. All the said accused have been sentenced to undergo imprisonment for the aforesaid offences and to pay fine as stated in the operative portion of the judgment in S.C.No.428/2013 along with default clause. All the sentences of imprisonment were to run concurrently with a further direction that the entire fine amount was to be remitted to the State.

4. The appeal in Crl.A.No.54/2021 pertains to one C. Govindaraju/Accused No.8 chal