IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF JANUARY, 2021

PRESENT

THE HON’BLE MR. JUSTICE B. VEERAPPA

AND

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

CRIMINAL APPEAL NO.296/2015

BETWEEN:

VENU @ VENUGOPAL

S/O SHYAMANNA

AGED ABOUT 23 YEARS

AGRICULTURIST

R/AT PURADAGADDE VILLAGE

DIBBUR POST, MANCHENABELE HOBLI

CHIKKABALLAPURA TALUK AND DISTRICT-562 105.

...APPELLANT

(BY SRI MADHAV KASHYAP, ADVOCATE FOR

SRI P. PRASANNA KUMAR, ADVOCATE)

AND:

THE STATE OF KARNATAKA

SIDLAGHATTA RURAL POLICE STATION,

BY SPECIAL PUBLIC PROSECUTOR

CHIKKABALLAPURA TALUK AND DISTRICT-562 105.

…RESPONDENT

(BY SRI VIJAYAKUMAR MAJAGE, ADDL. SPP)

2

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF

THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE

JUDGMENT OF CONVICTION DATED 11.02.2015, PASSED BY THE II

FAST TRACK COURT AT CHINTAMANI, IN S.C.NO.62/2012 -

CONVICTING

THE

APPELLANT/ACCUSED

FOR

THE

OFFENCE

PUNISHABLE

UNDER

SECTION

302

OF

IPC

AND

THE

APPELLANT/ACCUSED

IS

SENTENCED

TO

UNDERGO

IMPRISIONMENT FOR LIFE AND TO PAY FINE OF Rs.50,000/, IN

DEFAULT OF PAYMENT OF FINE, SHALL UNDERGO S.I. FOR THE

PERIOD OF 6 MONTHS, FOR THE OFFENCE PUNISHABLE UNDER

SECTION 302 OF IPC.

THIS CRIMINAL APPEAL COMING ON FOR HEARING THIS

DAY, B. VEERAPPA, J., DELIVERED THE FOLLOWING:

JUDGMENT

The Appellant-accused filed the present Criminal Appeal

against the impugned judgment of conviction and order of

sentence

dated

11.02.2015

passed

in

Sessions

Case

No.62/2012 on the file of the Fast Track Court–II, Chintamani

convicting the appellant accused for the offences punishable

under Section 302 of IPC and sentenced him to undergo

imprisonment for life and pay fine of Rs.50,000/-

2.

It is the case of the prosecution, that, on

22.11.2011, at about 12.45 noon, the deceased Krishnappa

came to the SLN tiles shop of Munikrishna at Chikkaballapura

3

on a Pulsar Motor Cycle bearing registration No.KA 05 HD

1664 along with a pillion rider Venu, who is his relativeand

spoke with P.W.2- Munikrishna and also with one Santhosh

who was in the shop. After some time, the deceased

Krishnappa and Venu went near the shop of one Jagadeesh

and after collecting Rs.10,000/- returned to the SLN tiles

shop. In the shop, after having discussed with Venu to go to

Kolar to purchase sent Venu to fill petrol to the vehicle. The

accused purchased a sickle on the footpath to snatch money

from the deceased Krishnappa and kept sickle in the back

pocket of his pant and returned to the S.L.N. tiles shop and

from there, the deceased Krishnappa proceeded on the motor

cycle with Venu as a pillion rider to go to Kolar between 2.15

to 2.30 p.m. On the way, the deceased Krishnappa stopped

the vehicle little away from Anoor gate to attend the nature

call. At that time, the accused thinking that it is the right

time, tried to stab the deceased Krishnappa from behind and

while Krishnappa tried to escape, he slipped and fell down. At

4

that time, the accused fisted on the face of the deceased

Krishnappa three to four times and due to which, he lost his

conscious. Then the accused dropped stone thrice on the

head of the deceased Krishnappa and after confirming about

his death, the accused took Rs.10,000/- which was in the

purse of the deceased Krishnappa and fled away along with

the motor cycle. Thereby the accused committed the offence

punishable under section 302 of IPC.

3.

On the basis of the complaint lodged by PW-1, the

Jurisdictional Police investigated the case and filed the charge

sheet for the offence committed by the accused. After

submitting the charge sheet to the Court of Sessions, the

learned Sessions Judge framed the charges and read over the

same to the accused, but the accused pleaded not guilty and

claimed to be tried.

4.

In order to prove the case, the prosecution in all

examined 28 witnesses