IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JANUARY, 2021

PRESENT

THE HON’BLE MR. JUSTICE B. VEERAPPA

AND

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

CRIMINAL APPEAL NO.1090/2014

BETWEEN:

STATE BY KORA POLICE.

...APPELLANT

(BY SRI VIJAYAKUMAR MAJAGE, ADDL. SPP)

AND:

HANUMANTHARAJU @ KADA

S/O KADARAIAH

AGED ABOUT 24 YEARS

AGRICULTURIST AND COOLIE

R/O MAVUKERE VILLAGE, KORA HOBLI

TUMKUR TALUK-572 128.

…RESPONDENT

(BY SRI A.H. BHAGAVAN, ADVOCATE)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1)

AND (3) OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO (A)

GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF

ACQUITTAL DATED 15.3.2014, PASSED BY THE LEARNED II

ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMKUR, IN

S.C.NO.199/2012 ACQUITTING THE RESPONDENT/ACCUSED OF

2

THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 449 AND 404

OF IPC. (B) SET-ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL

DATED 15.3.2014, PASSED BY THE LEARNED II ADDITIONAL

DISTRICT AND SESSIONS JUDGE, TUMKUR, IN S.C.NO.199/2012

BY ALLOWING THIS CRIMINAL APPEAL; (C) CONVICT AND

SENTENCE THE ACCUSED/RESPONDENT FOR THE OFFENCES

PUNISHABLE UNDER SECTION 302, 449 AND 404 OF IPC, WITH

WHICH HE HAS BEEN CHARGED IN ACCORDANCE WITH LAW.

THIS

CRIMINAL

APPEAL

HAVING

BEEN

HEARD

AND

RESERVED ON 12.01.2021 FOR JUDGMENT AND COMING ON FOR

PRONOUNCEMENT

OF

JUDGMENT,

THIS

DAY

HEMANT

CHANDANGOUDAR J., DELIVERED THE FOLLOWING:

JUDGMENT

State is in appeal, challenging the judgment and order

dated 15.3.2014 passed by the II Additional District and

Sessions Judge, Tumkuru in SC No.199/2012 acquitting the

accused for the offences punishable under Sections 404, 449

and 302 of IPC.

2.

Brief facts of the case are as follows :

PW1 informed the police, that on 13.1.2012, at about

8.15 p.m., when the grand son of Gangadharaiah i.e. Rudresh

went to give milk to his grand father viz., Gangadharaiah, the

house was locked from outside and key was kept by the side

3

of window. The grandson after opening the lock, went

inside the house and saw his grand-father lying in the room

and his efforts to wake him up went in vain and thereafter he

called PW1. PW1 and his grand-son viz: Rudresh went inside

the house and found that Gangadharaiah was lying dead and

thereafter, neighbours were called and informed them about

the incident. The neighbours stated, that on 12.1.2012, the

family members had gone to attend the naming ceremony of

the son of Pavithra, who is the grand daughter of

Gangadharaiah, and Gangadharaiah after attending the

function returned back and was staying alone in the house. It

was further informed that the body of Gangadharaiah was

found without the underwear and only the shirt was found on

the body. There were abrasions on the neck and the legs of

the deceased Gangadharaiah. On examination of this, it is

evident

that

some

one

has

murdered

his

uncle

by

strangulating and squeezing the testicles.

4

3.

It was informed that his uncle was retired teacher

and he was engaged in money lending business. He used to

wear two gold rings, chain on his neck and the same were

missing and also his mobile was not traceable. Some one with

an intention to rob gold ornaments and mobile or for some

other reason has murdered, his uncle on 12.1.2012 by

strangulating the neck and squeezing the testicles. Hence, he

sought for taking action against the person who has murdered

his uncle. Based on the information received from PW1, the

jurisdictional police registered a case in Crime No.7/2012 for

the offences punishable under Section 302 of IPC and the case

was handed over to the Circle Inspector of Police, Tumukuru

Rural Circle for investigation.

4.

The Investigating Officer after investigation laid the

charge sheet for the offences punishable under Sections 302

449 and 404 of IPC against the acc