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2024 Supreme(Kar) 104

SREENIVAS HARISH KUMAR, VENKATESH NAIK T.
K. Pooja, W/o Late Mahendra – Appellant
Versus
State of Karnataka By Malur Police Station, Rep. by State Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri K.B. Monesh Kumar, Adv., Sri Hashmath Pasha, Sr. Adv. for Sri Nasir Ali, Adv.
For the Respondent: Sri Vijayakumar Majage, SPP-II

JUDGMENT :

Sreenivas Harish Kumar, J.

The judgment of conviction in S.C.No.103/2016 on the file of I Additional Sessions Judge, Kolar, has given rise to these two appeals. Criminal Appeal No.1297/2018 is preferred by accused No.1 and Criminal Appeal No.1291/2020 is preferred by accused No.2. They were tried for the offence punishable under Section 302 read with Section 34 of IPC and each of them has stood sentenced to life imprisonment and fine of Rs.10,000/-each with default imprisonment for a period of one year.

2. The prosecution case in brief is that because of illicit relationship between both the accused, they killed Mahendra, the husband of accused No.2. The incident occurred on the intervening night of 09.01.2016 and 10.01.2016 when the parents of the deceased had been to Bengaluru. PW1, the father of Mahendra gave a report of the incident as per Ex.P1 to the police based on which FIR came to be registered. The investigation resulted in both the accused being charge sheeted for the offence under section 302 of IPC.

3. PW1 to 18 are the witnesses examined, Exs.P1 to 36 are the documents and MOs.1 to 15 are the material objects got marked by the prosecution to establish its case.

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