IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR JUSTICE H.P. SANDESH AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.8 OF 2019 CONNECTED WITH CRIMINAL APPEAL NO.917 OF 2018 CRL.A. NO.8/2019:

BETWEEN:

MALLIKARJUNA S/O. THIMMAPPA AGED ABOUT 28 YEARS OCC: AGRICULTURIST AND ALSO AUTORICKSHAW DRIVER RESIDENT OF GUDISALAPALLI VILLAGE D. HIREHAL MANDAL, RAYADURGA TALUK ANANTHAPUR DISTRICT ANDHRA PRADESH - 515 865.

…APPELLANT (BY SRI P.B. UMESH, ADVOCATE, FOR SRI R.B. DESHPANDE)

AND:

THE STATE OF KARNATAKA BY THALAK POLICE STATION CHITRADURGA DISTRICT-577 543 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001.

…RESPONDENT (BY SRI VIJAYAKUMAR MAJAGE, S.P.P-II)

CRL.A. NO.917/2018:

BETWEEN:

1. SURESHA S/O. THIMMA REDDY AGED ABOUT 21 YEARS OCC: AGRICULTURIST RESIDENT OF GUDISALAPALLI VILLAGE D. HIREHAL MANDAL, RAYADURGA TALUK ANANTHAPUR DISTRICT ANDHRA PRADESH STATE - 515 865.

2. PAMPANA GOWDA @ GOWDA S/O. GOVAPPA AGED ABOUT 21 YEARS OCC: AGRICULTURIST RESIDENT OF GUDISALAPALLI VILLAGE D. HIREHAL MANDAL, RAYADURGA TALUK ANANTHAPUR DISTRICT ANDHRA PRADESH STATE - 515 865.

…APPELLANTS (BY SRI P.B. UMESH, ADVOCATE, FOR SRI R.B. DESHPANDE)

AND:

THE STATE OF KARNATAKA BY THALAK POLICE STATION CHITRADURGA DISTRICT - 577 543 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001.

…RESPONDENT (BY SRI VIJAYAKUMAR MAJAGE, S.P.P-II)

* * *

THESE CRIMINAL APPEALS ARE FILED UNDER SECTION 374(2)

OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 6.2.2018 AND ORDER ON SENTENCE DATED 8.2.2018 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, IN SESSIONS CASE NO.30 OF 2013, CONVICTING THE APPELLANTS/ACCUSED NOS.1 TO 3 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 397 AND 201 READ WITH SECTION 34 OF IPC.

THESE CRIMINAL APPEALS ARE HAVING BEEN HEARD AND RESERVED ON 21.01.2026 COMING ON FOR PRONOUNCEMENT, THIS DAY, VENKATESH NAIK T. J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE H.P. SANDESH AND HON'BLE MR. JUSTICE VENKATESH NAIK T

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T.)

Criminal Appeal No.8 of 2019 is filed by the appellant/accused No.1, whereas Criminal Appeal No.917 of 2018 is filed by the appellants/accused Nos.2 and 3 challenging the judgment of conviction dated 6.2.2018 and order on sentence dated 8.2.2018 in Sessions Case No.30 of 2013 passed against them by the Principal District and Sessions Judge, Chitradurga, (for short, 'trial Court') for the offences punishable under Sections 302, 397 and 201 read with Section 34 of the Indian Penal Code, 1860 (for short, 'IPC').

2. The appellants were accused Nos.1 to 3 and the respondent-State was the complainant before the trial Court. For the purpose of convenience, the parties are referred to henceforth as per their ranks before the trial Court.

3. The case of the prosecution is as follows:

On 15.11.2012, PW1-Basavaraja, then President of Doddaullarthy Grama Panchayat, lodged a complaint to the Police, alleging that when he was proceeding on a motorcycle, by the side of scene of offence, some shepherds informed about disposal of an unknown dead body. Thus, he had been to the spot (Doddaullarthy Kaval) and found dead body of an unknown person. Hence, he informed the Police, who in turn came to the spot and received complaint vide Ex.P1. Based on the complaint, a criminal case was registered in Crime No.149 of 2012 against unknown person. During the course of investigation, they arrested accused Nos.1 to 3, interrogated them and recorded their voluntary statements as per Exs.P39 to 41 and at their instance, incriminating articles were seized under seizure mahazars. During the investigation it was revealed that, Chinna Yarriswamy (hereinafter referred to as the 'deceased') was known to accused Nos.1 to 3. They borrowed a sum of Rs.2 lakh from the deceased and could not repay it. As the deceased insisted the accused for repayment, they hatched a plan to e