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CRL.A No.1224 of 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF MARCH, 2023

PRESENT

THE HON'BLE MR JUSTICE B.VEERAPPA

AND

THE HON'BLE MR JUSTICE VENKATESH NAIK T

CRIMINAL APPEAL NO. 1224 OF 2017 (C)

BETWEEN:

1.

SURENDRABABU @ SURESHA

NOW AGED 32 YEARS,

S/O CHINNAPPA,

R/O MATTAVARAPALLI VILLAGE,

PEDDA MANDYAM MANDALAM,

CHITTOOR DISTRICT,

ANDHRA PRADESH.PIN 416001.

…APPELLANT

(BY SRI P. NISHAN UNNI, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

BY MULBAGAL POLICE,

REPRESENTED BY SPP OF HIGH COURT OF

KARNATAKA,

AT BANGALORE, HIGH COURT BUILDING

BANGALORE-560001.

…RESPONDENT

(BY SRI VIJAYAKUMAR MAJAGE, ADDL. SPP)

CRL.A. FILED U/S.374(2) CR.P.C BY THE ADVOCATE FOR

THE APPELLANT/ACCUSED PRAYING THAT THIS HON'BLE

COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED

13.1.2017 PASSED BY THE I ADDITIONAL SESSIONS JUDGE,

Digitally signed by

LAKSHMINARAYAN

N

Location: High Court

of Karnataka

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CRL.A No.1224 of 2017

KOLAR

IN

S.C.NO.123/2015

CONVICTING

THE

APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 302 AND 201

OF IPC SENTENCING THE APPELLANT/ACCUSED TO UNDERGO

IMPRISONMENT FOR LIFE AND PAY FINE OF RS.10,000/-, IN

DEFAULT TO PAY FINE, HE SHALL UNDERGO S.I. FOR A

PERIOD OF 1 YEAR FOR THE OFFENCE P/U/S 302 OF IPC; THE

APPELLANT/ACCUSED IS SENTENCED TO UNDERGO S.I. FOR A

PERIOD OF 3 YEARS AND PAY FINE OF RS.5,000/-, IN DEFAULT

TO PAY FINE, HE SHALL UNDERGO S.I. FOR A PERIOD OF 1

MONTH FOR THE OFFENCE P/U/S 201 OF IPC; BOTH THE

SENTENCES SHOULD RUN CONCURRENTLY.

THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS

DAY, B. VEERAPPA J, DELIVERED THE FOLLOWING:

J U D G M E N T

The appellant-accused filed the present Criminal Appeal

against the impugned judgment of conviction and order of

sentence dated 13^th January, 2017 passed in S.C. No.123 of

2015 by the I Additional District and Sessions Judge, Kolar

convicting and sentencing the accused for imprisonment of life

under the provisions of Section 302 of Indian Penal Code with

fine of Rs.10,000/-, in default to pay fine, accused to undergo

simple imprisonment for a period of one year; and further

sentencing the accused to undergo simple imprisonment for a

period of three years and to pay fine of Rs.5,000/-, in default to

pay fine, to undergo simple imprisonment for a period of one

month for the offence punishable under the provisions of

Section 201 of Indian Penal Code.

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CRL.A No.1224 of 2017

2. It is the case of the prosecution that on 11^th March,

2015, PW19-M.Shankarappa, Sub-Inspector was the Station

House Officer of Mulbagal Station and on that day at about

10.15 am, PW1-R. Ashok Kumar, visited the Police Station and

lodged a computerized complaint as per Exhibit P1. In the

complaint, it is stated that he is working as Secretary at

Amarajyothi Group of Educational Institutions, Mulbagal since

eighteen years; the Institution has two buildings of its own;

and to run Junior College and Industrial Training Institute, the

Institution is constructing a new building for the past three

months. The construction work has been entrusted to mason

PW3-Shashikumar of Punganuru, Andhra Pradesh. The said

Shashikumar has been doing construction work by procuring

construction workers from Punganuru, Andhra Pradesh. On

10^th March, 2015 at about 2.00 pm, he has distributed wages

to the workers and returned to Kolar at 4.00 p.m. On 11^th

March, 2015 at about 9.30 am, he received a call on his cell

phone from his Accountant PW5-Raghupathi, who informed that

one of the construction workers, viz. Shankarappa, has been

murdered and the dead body has been buried near the

foundation pillar of the building under construction and the

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CRL.A No.1224 of 2017

head of deceased-Shankarappa is protruding from the earth.

Immediately, PW3-Shashikumar reached the spot and found

the dead body of Shankarappa covered with sand. Bloodstains

were also found near the shed where deceas