IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF APRIL, 2021

PRESENT

THE HON'BLE MR. JUSTICE B. VEERAPPA

AND

THE HON9BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRIMINAL APPEAL No.614 OF 2016 (C)

BETWEEN:

MADHUKUMAR

S/O PUTTASWAMY

AGED ABOUT 31 YEARS

R/O SINDAGHATTA VILLAGE

SHEELANERE HOBLI

NOW R/AT BILLARAMANAHALLY VILLAGE

KASABA HOBLI, K.R.PET TALUK

MANDYA DISTRICT-571 426

&.APPELLANT

(BY SRI. KEMPARAJU, ADVOCATE)

AND:

STATE OF KARNATAKA

BY K.R.PET TOWN POLICE STATION

REP BY ITS PUBLIC PROSECUTOR

HIGH COURT COMPLEX

BENGALURU-560 001

&. RESPONDENT

(BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP)

*****

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)

CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER

DATED 26.08.2015 AND SENTENCE DATED 27.08.2015 PASSED

BY THE III ADDL. DIST. AND S.J., MANDYA (SITTING AT

SRIRANGAPATNA)

IN

S.C.NO.5032/2013-CONVICTING

THE

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

IPC AND SECTION 98 OF K.P. ACT.

THIS CRIMINAL APPEAL HAVING BEEN HEARD AND

RESERVED FOR JUDGMENT ON 07.04.2021, COMING ON FOR

8PRONOUNCEMENT OF JUDGMENT9 THIS DAY, RAJENDRA

BADAMIKAR J., DELIVERED THE FOLLOWING:

J U D G M E N T

The appellant/accused has filed this appeal under Section

374(2) of Criminal Procedure Code (hereinafter for short,

referred to as 'Cr.P.C.') challenging the judgment of conviction

and order of sentence dated 26.08.2015 passed by the III

Additional District and Sessions Judge, Mandya (Sitting at

Srirangapatna) in SC No.5032/2013 (hereinafter for short,

referred to as 'trial Court'), whereby the learned Sessions Judge

has convicted the appellant/accused for the offence punishable

under Sections 302 and 201 of Indian Penal Code (hereinafter

for short, referred to as 'IPC') by imposing life imprisonment for

the offence punishable under Section 302 of IPC with fine of

Rs.10,000/-; and imprisonment for five years for the offence

punisahble under Section 201 of IPC with fine of Rs.2,000/-; and

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only sentence of fine of Rs.1,000/- for the offence punishable

under Section 98 of the Karnataka Police Act ( hereinafter for

short, referred to as 8K.P. Act9), with default clauses.

2.

For the sake of convenience, the parties herein are

referred as per original ranking before the trial Court.

3.

The facts of the case in brief are that, on

11.03.2013, the complainant, who is a Forest Officer was on

patrolling duty in Melukote Range Forest at Spot No.5 along

with his staff Amasegowda and Mohan and at 9.00 a.m., when

they were proceeding from Kottigehally to Basavanagudi, they

found one burnt car in the forest area and on verification, they

have also found a burnt dead body in the back seat of the said

burnt car. Immediately, the complainant-Forest Officer has set

the law on motion by intimating the same to the concerned

police and lodging a complaint. Thereafter, the Investigating

Officer

undertook

investigation

of

the

said

crime

and

apprehended the appellant/accused.

4.

It is alleged that the appellant/accused along with

the deceased Kenda @ Kenda Nagaraju committed theft and

there was a dispute between them regarding sharing of the

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stolen properties; that on 10.03.2013 at 9.30 p.m., the accused

took the deceased along with him and made him to consume

alcohol and when he was under intoxicated state of mind, took

him in the alleged stolen Alto Car to Narayana Durga Forest Area

situated near Melukote Main Road and assaulted him by an iron-

rod on his neck, and poured petrol on him and the stolen Alto

Car and set fire in order to screen himself from the offence. The

accused then fled from spot. Later on, accused was apprehended

on suspicious and interrogated.

5.

The Investigating Officer on the basis of the

voluntary statement of the accused, proceeded to recover the

stolen properties, which were identified by its owner and the

identity of the deceased was also got estab