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.1994/2019 C/W CRIMINAL APPEAL NO.1918/2019 IN CRIMINAL APPEAL NO.1994/2019:

BETWEEN:

1 . SANDEEP S/O NARAYAN GOWDA AGED ABOUT 35 YEARS OCC: FARMER R/O KIKKERI THIRTHAHALLI-577 432.

2 . ESHWARANAYAK S/O TAKANAYAK AGED ABOUT 44 YEARS OCC: FARMER R/O BILLODI HOSANAGARA-577 418.

3 . SHRINIDHI S/O NAGENDRANAYAK AGED ABOUT 22 YEARS OCC: LABOURER R/O BILLODI HOSANAGARA TALUK-577 418.

… APPELLANTS (BY SRI. RAJESH RAO K., ADVOCATE)

AND:

1 . STATE OF KARNATAKA BY THIRTHAHALLI P.S.

REPRESENTED BY S.P.P.

HIGH COURT COMPLEX BENGALURU-560 001. … RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)

OF CR.PC PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 26.09.2019 AND SENTENCE DATED 30.09.2019, PASSED BY THE III ADDITIONAL SESSIONS JUDGE, SHIVAMOGGA, IN S.C.NO.28/2018, CONVICTING THE APPELLANT/ACCUSED NOS.1 TO 3 FOR THE OFFENCE PUNISHABLE UNDER SECTION 323 R/W 34 OF IPC AND SECTION 302 R/W 120B OF IPC.

IN CRIMINAL APPEAL NO.1918/2019:

BETWEEN:

1 . SATHISH K.N., S/O NAGAPPA GOWDA AGED ABOUT 44 YEARS OCC: FARMER R/O KERODI THIRTHAHALLI TALUK SHIVAMOGGA-577432. … APPELLANT (BY SRI. DINESH KUMAR K. RAO, ADVOCATE)

AND:

1 . STATE OF KARNATAKA BY THIRTHAHALLI P.S., REPRESENTED BY S.P.P.

HIGH COURT COMPLEX BENGALURU-560001. … RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)

CR.PC BY THE ADVOCATE FOR THE APPELLANT PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 26.09.2019 AND SENTENCE DATED 30.09.2019, PASSED BY THE III ADDITIONAL SESSIONS JUDGE, SHIVAMOGGA IN S.C.NO.28/2018, CONVICTING THE APPELLANT/ACCUSED NO.4 FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 R/W SECTION 120B R/W SECTION 115 OF IPC.

THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 31.01.2026 THIS DAY, THE COURT 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 H.P.SANDESH)

Crl.A.No.1994/2019 is filed by accused Nos.1 to 3 and Crl.A.No.1918/2019 is filed by accused No.4 questioning the conviction and sentence for the offence punishable under Section

302 read with Section 120-B of IPC and Section 323 read with Section 34 of IPC imposing life imprisonment and to pay fine of Rs.25,000/- for the offence punishable under Section 302 read with Section 120-B of IPC, in default, to undergo simple imprisonment for six months and to pay fine of Rs.1,000/- for the for the offence punishable under Section 323 read with Section 34 of IPC, in default, to undergo simple imprisonment for

15 days.

2. The factual matrix of case of the prosecution before the Trial Court is that on 03.10.2017 at about 8.45 p.m., when C.W.1-Ashwitha was with her husband deceased Hareesha and daughter Anwitha in their house, the accused Nos.1 to 3 came there with common intention to commit murder of Hareesha and C.W.1 called Hareesha and made him to come outside the house on the pretext of demanding sand and accused No.1-Sandeep assaulted Hareesha on his neck with long and accused No.2 assaulted the deceased on his stomach with long and on seeing this incident, when C.W.1 raised hue and cry, the accused No.3 kicked C.W.1 with his leg and held her neck and assaulted her and made an attempt to kill her. On hearing the altercation, C.W.2 Manjunatha K.S., C.W.3 Harisha K.S. and C.W.4 Mahesha K.S. came running to the house of C.W.1. On seeing them, the accused Nos.1 to 3 ran away from the spot by giving threat to C.W.1 that they would kill her and thereafter, Hareesha was shifted to SJC Hospital, Thirthahalli in an ambulance and he succumbed to the injuries while taking treatment in the hospital at 10.15 p.m. It is the case of the prosecution that accused No.4 plotted conspiracy to eliminate Hareesha and gave supari to accused No.1 to the tune of Rs.1,26,00