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Criminal

Sri. Shivabasavegowda vs State Of Karnataka

Court
Karnataka High Court
Date
4 September 2024
Case No.
Criminal Appeal No. 773 of 2018 C/W Criminal Appeal No. 195 of 2018
Bench
K. Somashekar J, S. Rachaiah J
Acts & Sections
IPC §302 IPC §201 IPC §34 CrPC §374(2) CrPC §154 CrPC §209
Also reported in
This judgment disposed of connected matters. The same reasons were delivered in the following case.
Smt Uma vs State Of Karnataka By
CRL.A No. 773 of 2018 C/W CRL.A No. 195 of 2018
Headnote AI-drafted · Reviewed and approved
The appellants, Accused Nos. 1 and 2, challenged the judgment of conviction and sentence passed by the II Additional District and Sessions Judge, Ramanagara, sitting at Kanakapura, in S.C. No. 5017/2013. Both accused were convicted for offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code and sentenced to rigorous imprisonment for life with fine for the murder offence, and rigorous imprisonment for seven years with fine for causing disappearance of evidence, sentences to run concurrently.

The prosecution case arose from the murder of Smt. Doddadevamma on 28 January 2013, allegedly committed by the appellants at the silkworm cocoon house of Accused No. 1. The motive alleged was a hand loan of Rs. 25,000/- taken by Accused No. 1 from the deceased, which the deceased had been demanding back. The deceased was lured to the house of Accused No. 1 on the pretext of repayment and did not return, leading to the lodging of a complaint the following day after her body was discovered.

The appeals were heard by a Division Bench of the Karnataka High Court upon examination of the evidence of nineteen prosecution witnesses, twenty-four documentary exhibits, and eight material objects. The Court examined whether the trial court's appreciation of evidence and the consequent conviction and sentence warranted interference in the appellate jurisdiction.
Catchwords: murder · causing disappearance of evidence · common intention · circumstantial evidence · hand loan · motive · silkworm business · conviction · rigorous imprisonment for life · criminal appeal · Section 374 CrPC

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Filed under

Circumstantial evidence

Full Judgment Text

[Cites 36, Cited by 0] Karnataka High Court Sri. Shivabasavegowda vs State Of Karnataka on 4 September, 2024 Author: K.Somashekar Bench: K.Somashekar -1- NC: 2024:KHC:36187-DB CRL.A No. 773 of 2018 C/W CRL.A No. 195 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU TH R DATED THIS THE 04 DAY OF SEPTEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 773 OF 2018 (C) C/W CRIMINAL APPEAL NO. 195 OF 2018 (C) IN CRL.A No. 773/2018 (C) BETWEEN: SMT UMA W/O CAUVERY GOWDA, R/AT CHIKKEGOWDANADODDI VILLAGE,
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