IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^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.1225 OF 2016 (A)

BETWEEN:

STATE OF KARNATAKA BY R.T. NAGAR P.S.

BENGALURU CITY REPRESENTED BY STATE PUBLIC PROSECUTOR-560 032.

…APPELLANT (BY SMT. RASHMI PATEL, H.C.G.P.)

AND:

1. DEEPAK HALDAR S/O. GORANGO HALDAR AGED ABOUT 35 YEARS RESIDING AT SHYAMANAGAR KRISHNACHANDPURA KARANJALI POST Digitally KULPI THANA, SOUTH 24, PARAGANA signed by WEST BENGAL-743 348.

ANJALI M Location:

2. SUCHITRA HALDAR High Court of Karnataka W/O. DEEPAK HALDAR AGED ABOUT 31 YEARS RESIDING AT SHYAMANAGAR KRISHNACHANDPURA KARANJALI POST, KULPI THANA SOUTH 24, PARAGANA WEST BENGAL-743 348.

3. MOHAMMED SARBAL @ RAJ S/O. MOHAMMED KHASIM AGED ABOUT 38 YEARS RESIDING AT SRIRAM CHOWLTRY

4TH CROSS, JANATHA COLONY OLD GUDDAHALLI ROAD MYSORE ROAD BENGALURU-560 060 PERMANENT ADDRESS KAMALAPUR VILLAGE AND POST PAROO THANA MUZAFFUR NAGAR DISTRICT BIHAR.

4. BIDAN SHIKARI S/O. CHANDAN SHIKARI AGED ABOUT 31 YEARS RESIDING AT OPP. TO PASSPORT OFFICE

8TH BLOCK, KORAMANGALA BENGALURU-560 034.

…RESPONDENTS (BY SRI G.R. SHESHADRI, ADVOCATE FOR R-1 TO R-4)

* * *

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1) AND (3) OF THE CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL PASSED BY THE LXIV (CCH-65) ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN SESSIONS CASE NO.433 OF 2011 DATED 29-2-2016 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 302, 201 R/W 34 OF IPC.

THIS CRIMINAL APPEAL HAVING BEEN HEARD AND RESERVED ON 10-2-2026, 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

(HON'BLE MR. JUSTICE VENKATESH NAIK T)

This Appeal is filed by the State, being aggrieved by the judgment of acquittal passed by the learned LXIV Additional City Civil and Sessions Judge (CCH-65), Bengaluru, in S.C. No.433/2011 dated 29.02.2016 and prayed to convict accused Nos.1 to 4 for the offences punishable under Sections 120-B, 302 and 201 read with Section 34 of Indian Penal Code, 1860 (for short, "IPC").

2. For the sake of convenience, the parties herein are referred to as per their ranks before the trial Court. The appellant is the complainant-State and respondent Nos.1 to 4 are accused Nos.1 to 4.

3. Brief facts of the prosecution case is that:

Accused No.2, Suchitra Haldar, was working as a maid in the house of the deceased, namely Professor Purushotham Lal Sachidev, Rita Sachidev and their son Munna Sachidev. Accused No.1, Deepak Haldar, is the husband of accused No.2. Accused No.3, Mohammed Sarbal @ Raj, accused No.4, Bidan Shikari and accused No.5 Pradeep Naskar @ Mucche(absconding accused), are the friends of accused No.1.

They conspired together to rob cash, gold ornaments and valuable articles from the house of Purushotham Lal Sachidev, Rita Sachidev and their son Munna Sachidev, and hatched a plan to commit murder, accordingly, on 15.02.2009, in the early morning, accused Nos.3 and 4 alongwith absconding accused No.5 came near the gate of the house of deceased at 5.45 a.m. and called accused No.1. At that time, accused No.1 was waiting for the arrival of accused Nos.3 to 5 and he sent accused No.2 to bring accused Nos.3 to 5 inside the house and took them to a room. Thereafter, accused Nos.1 to 5 conspired together to commit the offences and accordingly, all the accused decided to send accused No.2 to watch near the gate in order to manage or guard, that no one should enter inside the house, accordingly, she went there. Accordingly, accused Nos.3 to 5 went near the house, accused No.1 knocked the house of the house. At that time, Smt. Rita Sachidev opened the door. Immediately, accused No.1, 3 to 5 caught hold Smt. Rita, accused No.4 closed her mouth, took her to a room, accused No.3 took to pin wire(M.O.8) and tied her neck, thereby committed her murder.

4. Thereaft