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2024 Supreme(Online)(Kar) 39547

KARNATAKA HIGH COURT
MR JUSTICE SREENIVAS HARISH KUMAR, MS JUSTICE J.M.KHAZI, JJ
NAGENDRA K – Appellant
Versus
STATE BY – Respondent


Advocates:
SRI. TIGADI G. VEERANNA, ADVOCATE; SRI. VIJAYAKUMAR MAJAGE, SPP-II

JUDGEMENT

Aggrieved by his conviction and sentence for the offences punishable under Sections 302 , 201 and 394 IPC, imposed by the trial Court, accused has filed this appeal under Section 374 (2) of Cr.P.C.

2. For the sake of convenience, parties are referred to by their ranks before the trial Court.

3. A charge sheet came to be filed against the accused alleging that on 19.08.2016, in between 9.30 and 10 a.m, when deceased Smt. Geethamma was alone in the house and requested the accused to change the LPG cylinder, accused entered the kitchen and with an intention to rob her gold ornaments, strangled her neck and dragged her to the bedroom and throttled her neck with a veil and committed theft of mangalya chain and three pairs of gold studs from the Almirah. In order to cause disappearance of evidence, accused sprinkled chilli powder on the dead body.

4. During the course of investigation, accused was apprehended and at his instance, the gold ornaments belonging to the deceased were seized through him. In the fist of the deceased, a few hair strands were found and the investigating officer collected hair samples of accused and on comparison by the FSL, it was found that the hair found

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