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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF SEPTEMBER, 2021

PRESENT

THE HON'BLE MR. JUSTICE G. NARENDAR

AND

THE HON'BLE MR. JUSTICE M.I.ARUN

CRIMINAL APPEAL NO.1496 OF 2018 (C)

BETWEEN:

1.

JEEVAN RAO

S/O UMESH RAO

OCC: RIKSHAW DRIVER

AGED ABOUT 35 YEARS

R/O BHAHADDURSHAH ROAD

KUNDAPURA KASABA

KUNDAPUR TALUK

UDUPI DISTRICT 3 576 201

2.

HARBAT KUMAR BARETTO

S/O LATE JOSEPH SILVESTER BARETTO

OCC: DRIVER, AGED ABOUT 40 YEARS

R/O BARETTO COMPOUND

KHARVIKERE KUNDAPUR

KUNDAPUR TALUK

UDUPI DISTRICT 3 576 201

3.

JOSEPH

S/O LATE ALECT REBERO

OCC: CARPENTER

AGED ABOUT 49 YEARS

R/O BANDAR ROAD

NEAR GANGOLLI ICE FACTORY

KUNDAPUR TALUK

UDUPI DISTRICT 3 576 201

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4.

ROSHAN WILFRED BARETTO

S/O JOSEPH SILVESTER BARETTO

OCC: WELDER

AGED ABOUT 27 YEARS

R/O MOUNT FATHIMA VILLA

KHARVIKERRE KUNDAPUR

KUNDAPUR TALUK

UDUPI DISTRICT 3 576 201

... APPELLANTS

(BY SRI. R.B.DESHPANDE, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY

KUNDAPURA POLICE STATION

KUNDAPURA CIRCLE

UDUPI DISTRICT 3 576 201

... RESPONDENT

(BY SRI. VIJAYA KUMAR MAJAGE, ADDL. SPP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)

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

CONVICTION

DATED

01.08.2018

AND

SENTENCE

DATED

07.08.2018 PASSED BY THE ADDITIONAL DISTRICT AND

SESSIONS JUDGE, UDUPI (SITTING AT KUNDAPURA) IN

S.C.NO.21/2015 3 CONVICTING THE APPELLANTS/ACCUSED

NOS.1 TO 4 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS

302 AND 201 OF IPC.

THIS CRIMINAL APPEAL HAVING BEEN HEARD AND

RESERVED ON 30.08.2021 FOR JUDGMENT AND COMING ON

FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, M.I.ARUN J.,

DELIVERED THE FOLLOWING:

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J U D G M E N T

The appellants/accused nos.1 to 4 have filed the

present appeal against the judgment of conviction dated

01.08.2018 and the order of sentence dated 07.08.2018

passed by the Additional District and Sessions Judge, Udupi

(Sitting at Kundapura), Kundapura in S.C.No.21/2015

convicting them for the offences punishable under the

provisions of Sections 302 and 201 of the Indian Penal Code

(8IPC9

for

short)

and

sentencing

them

to

undergo

imprisonment for life and to pay fine of Rs.40,000/- each, in

default of payment of fine, to undergo simple imprisonment

for a further period of six months for the offence punishable

under the provisions of Section 302 of IPC and further

sentencing them to undergo rigorous imprisonment for

three years and to pay fine of Rs.10,000/- each, in default

of payment of fine, to undergo simple imprisonment for a

further period of one month for the offence punishable

under the provisions of Section 201 of IPC and the

sentences have been ordered to run concurrently.

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2.

For the sake of convenience, the parties are referred

to herein as per their status before the trial court.

3. According to the prosecution, on 13.10.2014, at about

11.30 p.m., accused nos.1 to 4 on the ground that the

deceased took a soda bottle from Canara Soft Drinks factory

belonging to mother of accused no.2 chased the deceased

and accused no.1 assaulted the deceased on his back, neck

and forehead by a wooden club and accused nos.2, 3 and 4

assaulted the deceased by hitting him from their hands on

his chest and face and thereafter stamped him and on

account of the injuries sustained by the said assault, the

deceased died and accused nos.1, 2, 3 and 4 are

responsible for his death. Further, accused no.1 along with

others in order to destroy the evidence threw the wooden

club which was used to assault the deceased into

Panchagangavali River and thereby they have committed

the offences punishable under the provisions of Sections

302, 201 read with 34 of IPC.

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4.

On 14.10.2014, the complainant 3 PW.1, who is the

father of the deceased Pramod Kumar, lodged a complaint

with the jurisdictional police stating that he is a resident of

Kharvi Melkeri, Kharvikeri, Kasaba Hobli, Kundapura and he

is living