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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF AUGUST, 2022

PRESENT

THE HON'BLE MR JUSTICE K.SOMASHEKAR

AND

THE HON'BLE MR JUSTICE T G SHIVASHANKARE GOWDA

CRIMINAL APPEAL NO. 903 OF 2016

C/W

CRIMINAL APPEAL NO. 17 OF 2016

IN CRIMINAL APPEAL NO. 903 OF 2016

BETWEEN:

SMT VANI

W/O RAVICHANDRA,

AGED ABOUT 31 YEARS,

OCCUPATION:COOLIE WORK,

RESIDING AT MAVUKERE VILLAGE,

CHINTAMANI TALUK,

CHIKKABALLAPURA DISTRICT-563125.

…APPELLANT

(BY SRI. G M SRINIVASAREDDY.,ADVOCATE)

AND:

STATE BY BATLAHALLI POLICE STATION

BATLAHALLI, REP. BY STATE PUBLIC PROESCUTOR,

HIGH COURT BUILDING,

BENGALURU-560001.

…RESPONDENT

(BY SRI. VIJAYAKUMAR MAJAGE., ADDL. SPP)

THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO

SET

ASIDE

THE

JUDGMENT

AND

ORDER

DATED

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15.12.2014 AND SENTENCE DATED 19.12.2014 PASSED

BY THE ADHOC DIST. AND S.J., F.T.C.-II, CHINTAMANI IN

S.C.NO.21/2013

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CONVICTING

THE

APPELLANT/ACCUSED NO.1 FOR THE OFFENCE P/U/S

302 AND 201 OF IPC.

IN CRIMINAL APPEAL NO. 17 OF 2016

BETWEEN:

SRI. B. BYRAREDDY

S/O VEENKATARAYAPPA,

AGED ABOUT 35 YEARS

OCCUPATION:AGRICULTURE AND

BORE MOTORS REWINDING WORK

R/AT SOMAKALAHALLI VILLAGE,

CHINTAMANI TALUK,

CHIKKABALLAPURA DISTRICT-563 125

…APPELLANT

(BY SRI. G M SRINIVASAREDDY.,ADVOCATE)

AND:

STATE BY BATLAHALLI POLICE STATION

BATLAHALLI, REP. BY STATE PUBLIC

PROSECUTORE,

BANGALORE-560001.

…RESPONDENT

(BY SRI.VIJAYAKUMAR MAJAGE, ADDL SPP)

THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO

SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION

DATED 15.12.2014 AND 19.12.2014 PASSED BY THE

ADHOC DIST. AND S.J., F.T.C.-III, CHINTAMANI IN

S.C.NO.21/2013

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CONVICTING

THE

APPELLANT/ACCUSED NO.2 FOR THE OFFENCE P/U/S

302 AND 201 OF IPC.

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THESE

CRIMINAL

APPEALS

COMING

ON

FOR

HEARING THIS DAY, K. SOMASHEKAR .J., DELIVERED

THE FOLLOWING:

JUDGMENT

These appeals are directed against the judgment of

conviction and order of sentence rendered by the trial Court

in S.C.No.21/2013 dated 15.12.2014, for the offences

punishable under Sections 302, 201 read with Section 34 of

Indian Penal Code, 1860 (for short, 'IPC').

2.

Heard Sri.G.M.Srinivasareddy, learned counsel

for the appellants/accused Nos.1 and 2 and the learned

Additional State Public Prosecutor for the State. Perused the

judgment of conviction rendered by the Trial Court in

S.C.No.21/2013 dated 15.12.2014.

3.

The factual matrix of the appeals are as under:-

It transpires from the case of the prosecution that on

26.09.2012 at about 10.30 p.m., the accused persons with

a common intention to do away with the life of the deceased

- Ravichandra, who was suffering from paralysis stroke and

was unable to walk and speak properly took him in a Hero

Honda motorcycle bearing registration No.KA-03/Y-5221

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which belongs to the appellant No.2 namely., Sri Byrareddy

to Siddappankere of Somakalahalli and there the accused

persons murdered Ravichandra by choking and after

committing the murder, and in order to destroy the evidence

they put the dead body into the tank after tying rope to the

neck of the deceased and another end of the rope with stone.

Thereby, the accused persons committed the offence

punishable under Sections 302, 201 read with Section 34 of

IPC.

4.

In pursuance of the act of the accused and also

on a complaint being filed by PW.3, who is none other than

the father of the deceased, criminal law was set into motion

by recording FIR for the offences reflected in the substance

of the FIR. Subsequent to registration of the case, the

Investigating Officer had taken up the case for investigation

and thoroughly investigated the case and laid a charge-sheet

against the accused persons by Bettlahalli Police Station.

After completion of the investigation, the Investigating

Officer laid the charge sheet before the committal Court.

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5.

Su