SURYA KANT, ARAVIND KUMAR
Siju Kurian – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
Aravind Kumar, J.
1. This appeal under Section 2(1)(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 by the sole accused in Sessions Case No.96 of 2012 on the file of the Fast Track Court, Sagar Taluk, arises from a judgment rendered by the High Court of Karnataka in Criminal Appeal No.335 of 2014 filed by the State of Karnataka against the judgment of the Fast Track Court reversing the order of acquittal and convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code (for short ‘the IPC’), 201 of IPC, 404 of IPC and 419 of IPC and sentencing him to simple imprisonment for life and also sentencing to undergo simple imprisonment for a period of 3 years/2years for the respective offences which has been ordered to run concurrently and also fine.
2. Brief facts of the case as put-forth by the prosecution are: accused was working as a labourer in the farmhouse of Mr. Jose Kafan (deceased) in Kerodi village of Sagar Taluk (Karnataka State) and on 02.12.2011 between 6:00 am to 6:30 am, said accused had entered the room of the deceased through the eastern side of the farm house while he was sleeping there and murd
A.N. Venkatesh & another v. State of Karnataka (2005) 7 SCC 714 [Paras 9 & 18] – Relied.
Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473 [Para 8.2] – Referred.
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1 [Paras 8.2 & 9] – Referred.
Chandrappa and others v. State of Karnataka (2007) 4 SCC 415 [Paras 8.2 & 14] – Relied.
Gamini Bala Koteswara Rao v. State of Andhra Pradesh AIR 2010 SC 589 [Para 13] – Relied.
Mohmed Inayatullah v. State of Maharashtra AIR 1976 SC 483 [Para 18] – Relied.
Murugesan v. State through the inspector of Police (2012) 10 SCC 383 [Paras 8.2 & 12] – Relied.
Pattu Rajan v. State of Tamil Nadu (2019) 4 SCC 771 [Paras 9 & 22] – Relied.
Pohalya Motya Valvi v. State of Maharashtra (1980) 1 SCC 530 [Para 8.2] – Referred.
Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116 [Para 8.2] – Relied.
Sheo Swarup v. King Emperor AIR 1934 PC 227 [Paras 8.2 & 13] – Relied.
State of Karnataka v. Suvarnamma (2015) 1 SCC 323 [Paras 9 & 22] – Relied.
State of Rajasthan v. Kashi Ram (2006) 12 SCC 254 [Paras 9 & 16.5] – Relied.
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