Case Note & Summary
The criminal appeal preferred by the accused-appellant challenged the judgment of conviction and order of sentence dated 18.12.2017 passed by the I Addl. City Civil and Sessions Judge, Bengaluru, in Spl. C.C. No. 231/2015. The appellant was convicted under Sections 364, 302, and 201 of the Indian Penal Code, 1860, and sentenced to life imprisonment with fines, all sentences to run concurrently. The prosecution case was that the accused, with intent to take revenge against the mother of the deceased for a prior complaint, kidnapped the minor boy Kiran Yadav (aged 14 years) on 04.02.2015. The accused lured the boy from near his school by falsely stating that his brother was injured and needed to go to the hospital, took him on his motorbike to a secluded area within Jnana Bharathi University campus, and there murdered him by slitting his throat with a blade. After the murder, the accused threw the body into bushes to conceal evidence. The father of the deceased lodged a missing complaint on 05.02.2015, leading to registration of Crime No. 50/2015. Investigation based on CCTV footage showed the accused with the deceased on the motorbike. On 10.02.2015, the accused was arrested and made voluntary disclosure, based on which Sections 364, 302, and 201 were added. After committal, the trial court framed charges, the accused pleaded not guilty, and the prosecution examined 26 witnesses, marked 38 documents, and produced 20 material objects. The accused did not lead defence evidence. The trial court, upon appreciation of evidence, including CCTV footage, recovery of blades, and witness testimonies, found the accused guilty and sentenced him. The accused appealed, contending that the trial court erred in convicting him. The High Court heard arguments on 24.03.2023, reserved judgment, and delivered it on 26.06.2023. However, the provided judgment text is incomplete and does not contain the final analysis or decision of the High Court.
Issue of Consideration
Whether the prosecution has proved the guilt of the accused beyond reasonable doubt for offences under Sections 364, 302, and 201 of the Indian Penal Code, and whether the trial court's judgment of conviction and sentence is sustainable.
Case Details
2023 LawText (KAR) (06) 25
Criminal Appeal No. 4 of 2018
K. Somashekar, Pradeep Singh Yerur
Sri Manjunath, s/o G. Murthy, aged about 24 years, r/at No. 528, 10th 'C' Cross, Sanjeevini Nagar, Moodalapalya, Bengaluru-560 072
State of Karnataka, by Chandra Layout Police, Bengaluru, represented by the State Public Prosecutor, High Court Buildings, Bengaluru-560 001
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Nature of Litigation
Criminal appeal against conviction for offences under Sections 364, 302, and 201 of the Indian Penal Code.
Remedy Sought
The appellant-accused sought setting aside of the judgment of conviction and order of sentence dated 18.12.2017 passed by the trial court and acquittal from the charges.
Filing Reason
The accused was convicted by the trial court for kidnapping and murdering a minor boy and disposing of the body, and sentenced to life imprisonment, hence he appealed against the conviction.
Previous Decisions
The I Addl. City Civil and Sessions Judge, Bengaluru, in Spl. C.C. No. 231/2015, convicted the accused under Sections 364, 302, and 201 IPC and sentenced him to life imprisonment and fines, with all sentences to run concurrently.
Issues
Whether the trial court's judgment of conviction and sentence is sustainable on reappreciation of evidence.
Judgment Excerpts
Accused is convicted for having kidnapped and done to death one minor boy viz. Kiran Yadav, aged 14 years brutally by sitting on the top of the body of the minor Kiran Yadav by cutting the neck of Kiran Yadav brutally by using blade.
On the basis of voluntary statement of the accused, complainant-Police registered the aforementioned case against him.
This Criminal appeal is preferred by the appellant-accused. The appellant is aggrieved by the Judgment of Conviction and Order of Sentence dated 18.12.2017 passed in S.C.No.231/2015 by the I Addl. City Civil and Sessions Judge, Bengaluru sentencing him to undergo life imprisonment and to pay fine of Rs.20,000/- for the offence under Section 364 of IPC...
Procedural History
On 05.02.2015, the father of the deceased lodged a missing complaint at Chandra Layout Police Station, leading to registration of Crime No. 50/2015. On 10.02.2015, based on CCTV footage and credible information, the accused was arrested, and on his voluntary statement, offences under Sections 364, 302, and 201 IPC were added. After investigation, charge sheet was filed before the 8th ACMM Court, Bengaluru, in CC No. 11819/2015. The committal court committed the case to the Sessions Court. The 15th Addl. City Civil and Sessions Judge, Bengaluru, framed charges under Sections 364, 302, and 201 IPC; the accused pleaded not guilty and claimed trial. The case was later transferred to the I Addl. City Civil and Sessions Judge, Bengaluru, as Spl. C.C. No. 231/2015. The trial court examined 26 prosecution witnesses, marked 38 exhibits and 20 material objects. The accused cross-examined witnesses and got 14 documents marked but did not lead defence evidence. On 18.12.2017, the trial court convicted the accused and sentenced him to life imprisonment and fines. The accused filed Criminal Appeal No. 4 of 2018 before the High Court of Karnataka. The appeal was heard on 24.03.2023 and reserved for judgment. Judgment was pronounced on 26.06.2023, but the provided text is incomplete and does not contain the final decision.
Acts & Sections
- Indian Penal Code, 1860: 364, 302, 201
- Code of Criminal Procedure, 1973: 374(2), 207
