The Criminal Appeal No.3625/2012 and Criminal Appeal

No.3618/2012, have been filed by the accused No.2 and 3, being

aggrieved by the Judgment of conviction and order of

sentence dated 07.07.2012 in S.C.No.149/2009 on the file of

the Principal District and Sessions Judge, Bidar, whereby

they have been convicted for the offence under Section 304-I

read with Section 34 of IPC and sentenced to undergo simple

imprisonment for three years and also to fine of Rs.25,000/-

in default, they shall undergo simple imprisonment of 9

months.

The State being aggrieved by the Judgment of

conviction and order of sentence dated 07.07.2012 against

Accused Nos.2 and 3, has preferred Criminal Appeal

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No.3503/2013 seeking to set – aside the conviction of

accused Nos.2 and 3 for the offence under Section 304-I

read with Section 34 of IPC and convict them under Section

302 read with Section 34 of IPC.

3.

The Accused No.1, was convicted along with

Accused No.2 and 3 and was sentenced to undergo

imprisonment for life on 07.07.2012 in S.C No. 149/2009.

Being aggrieved by the Judgment of conviction and order of

sentence the accused No.1 filed the appeal along with

accused No.2 and 3 and the same was numbered as Criminal

Appeal No.3682/2012. This Court while hearing the appeal

noticed that, some of the questions under Section 313 had

not been asked to accused No.1; hence, this Court remanded

the matter for recording the same and direct the Trial court

to permit the accused No.1 to lead evidence, if it is necessary

on those questions.

4.

The Trial Court after recording the statement

under section 313 of Code of Criminal Procedure, asked the

accused No.1 as to whether as he would lead any evidence

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on those questions. He did not choose to lead either oral and

documentary evidence. The Trial Court, then, heard the

arguments and passed the Judgment of conviction and order

of sentence dated 31.10.2015 and sentenced the accused

No.1 to undergo imprisonment for life and to pay a fine of

Rs.5000/-. Being aggrieved by the judgment of conviction

and order of sentence, the accused No.1 has preferred this

Criminal Appeal No.200112/2015 seeking to set – aside the

judgment and order of conviction stated supra. All the four

appeals have arisen from the same sessions case. Therefore,

this Court taken up all the appeals together for disposal with

the consent of all the parties.

5.

BRIEF FACTS OF THE PROSECUTION CASE:-

The deceased and accused were friends. Accused

No.1-Dilip was running STD booth at Shivanagar Bidar.

Accused Nos.2 and 3 were common friends to deceased and

accused No.1. Deceased Rahul used to visit STD booth and

return home late night. On 07.12.2008 as usual deceased

Rahul went to STD booth of accused No.1, but did not return

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even after 11-00 p.m. P.W.1, the father of the deceased

Rahul contacted the deceased to his mobile phone at about

11-30 p.m. The deceased Rahul told his father that he had

been assaulted by accused No.1 with knife and he was lying

near Millennium school, behind Gumbaj, Bidar. On hearing

this news, P.W.1 informed his younger son and his friends to

accompany him and rushed towards the school. There,

P.W.1 and others found that deceased Rahul was lying in a

pool of blood. Deceased Rahul was shifted to hospital for

treatment with the help of Basavaraj and Shivaram. The

doctor who treated the said Rahul noticed that there were as

many as eight injuries as per Ex.P.11 issued by her. P.W.5,

the mother was present and she was taking care of the

deceased Rahul. According to her, Rahul told her about the

involvement of accused Nos.1 to 3.

6.

A complaint was filed by P.W.1 against accused

No.1 and two others at about 04-00 a.m., early in the

morning on 08.12.2008. The police registered a case in

Crime No.282/2008 for the offence under Section 302 read

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with Section 34 of IPC. After investigation, they submitted

the charge- sheet against accused No.1, 2 and 3 for the

offence under Section 302 read with Section 34 of IPC.

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