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2022 Supreme(Online)(Kar) 40997
VINAY KUMAR – Appellant
Versus
STATE BY HULIMAVU POLICE – Respondent
CRL.A 1844/2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MAY, 2022
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON9BLE MR. JUSTICE S. RACHAIAH
CRIMINAL APPEAL No.1844/2019
CONNECTED WITH
CRIMINAL APPEAL No.1378/2019
IN CRIMINAL APPEAL No. 1844/2019 :
BETWEEN:
VINAYKUMAR,
S/O LATE SHIVARUDRAPPA,
AGED ABOUT 36 YEARS,
R/AT NO.112, 1ST MAIN ROAD,
1ST CROSS, GOTTIGERE VILLAGE,
B.G.ROAD
BENGALURU 3 560 083.
... APPELLANT
(BY SRI RAJU C.N., ADVOCATE)
AND:
STATE BY HULIMAVU POLICE,
BENGALURU, REP. BY SPP.,
HIGH COURT OF KARNATAKA,
BANGALORE 3 560 001.
... RESPONDENT
(BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP)
2
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)
CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION
DATED 25.02.2019 AND ORDER OF SENTENCE DATED 27.02.2019,
PASSED BY THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU CITY S.C.NO.1198/2012, CONVICTING THE
APPELLANT/ACCUSED
FOR
THE
OFFENCE
PUNISHABLE
UNDER
SECTION 302,201 READ WITH OF IPC.
THE APPELLANT/ACCUSED NO.1 IS SENTENCE TO UNDERGO
IMPRISONMENT FOR LIFE AND ALSO TO PAY FINE OF RS.10,000/-
(RUPEES TEN THOUSAND ONLY) FOR THE OFFENCE PUNISHABLE
UNDER SECTION 302 READ WITH 34 OF IPC.
FURTHER, THE ACCUSED NO.1 IS SENTENCED TO UNDERGO
RIGOROUS IMPRIOSNMENT FOR A PERIOD OF 5 YEARS AND ALSO TO
PAY FINE OF RS,5,000/- (RUPEES FIVE THOUSAND ONLY), FOR THE
OFFENCE PUNISHABLE UNDER SECTION 201 READ WITH 34 OF IPC.
IN THE EVENT OF DEFAULT OF PAYMENT OF FINE OF
RS.10,000/- BY ACCUSED NO.1 HE SHALL UNDERGO IMPRISONMENT
FOR A PERIOD OF 6 MONTHS.
IN THE EVENT OF DEFAULT OF PAYMENT OF FINE OF RS.5,000/- BY
ACCUSED NO.1 HE SHALL UNDERGO IMPRISONMENT FOR A PERIOD
OF 3 MONTHS.
THE ABOVE SAID SENTENCE OF RIGOROUS IMPRISONMENT IN
RESPECT OF ACCUSED NO.1 SHALL RUN CONCURRENTLY.
THE APPELLANT/ACCUSED PRAYS THAT SHE BE ACQUITTED.
IN CRIMINAL APPEAL No. 1378/2019
BETWEEN:
STATE OF KARNATAKA,
BY HULIMAVU POLICE STATION,
3
BENGALURU CITY,
REP. BY SPP., HIGH COURT BUILDING,
BENGALURU 3 560 001.
... APPELLANT
(BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP)
AND:
C. SOMASHEKAR @ SOMA,
S/O LATE MR. CHANDRAPPA,
AGED ABOUT 38 YEARS,
8BHAGYALAKSHMI NILAYA9,
R/AT NO.191, ANGADI NAGARAJU9S HOUSE,
1ST CROSS, 1ST MAIN ROAD,
NEAR POST OFFICE,
GOTTIGERE,
BANNERGHATTA ROAD,
BENGALURU 3 560 098.
NATIVE OF KALLANDURU,
BEGLI, HOSAHALLI POST,
KOLAR TALUK,
KOLAR DISTRICT 3 563 101.
... RESPONDENT
(BY SMT. P.V.KALPANA, AMICUS CURIAE)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1) AND
(3) CR.P.C., PRAYING TO GRANT LEAVE TO FILE AN APPEAL AGAINST
THE JUDGMENT AND ORDER OF ACQUITTAL DATED 25.02.2019 IN
S.C.NO.1198/2012 PASSED BY THE LXVIII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGAURU AS AGAINST THE ACQUITTAL OF
RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER SECTION 302
READ WITH 34 OF IPC.
THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 12.04.2022, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT,
THIS
DAY,
S.
RACHAIAH
J.,
DELIVERED
THE
FOLLOWING:-
4
JUDGMENT
These two appeals arising out of common judgment of
conviction dated 25.02.2019 and order of sentence dated
27.02.2019 passed in S.C. No.1198/2012 by the learned LXVIII
Addl. City Civil and Sessions Judge, Bengaluru, wherein the
accused No.1 is convicted for the offence under the provision of
Sections 302 and 201 of IPC and he is sentenced to undergo
imprisonment for life and to pay a fine of Rs.10,000/- for the
offence under Section 302 r/w 34 of IPC, in default of payment
of fine, he is further sentenced to undergo simple imprisonment
for six months. Further, he is sentenced to undergo rigorous
imprisonment for 5 years for the offence punishable under
Section 201 r/w 34 of IPC and to pay a fine of Rs.5,000/-, in
default of payment of fine, he is further sentenced to undergo
simple imprisonment for three months. Accused No.2 is
convicted for the offence punishable under Section 201 of
