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KAHC010224592017_1

High Court: Karnataka High Court Bench: BENGALURU
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2026-10-30 09:17:16
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Issue of Consideration

KAHC010224592017_1

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Case Details

2023 LawText (KAR) (07) 34

CRL.A No. 665 of 2017 c/w CRL.A No. 641 of 2017, CRL.A No. 833 of 2017, CRL.A No. 943 of 2020

2023-07-06

K. Somashekar, Rajesh Rai K

Shri M.T. Nanaiah (Senior Counsel for Accused Nos.1-3), Shri Balasubramanya B N, Shri H.S. Chandramouli (Senior Counsel for Accused No.4), Smt. Keerthana Nagaraj, Shri Prateek Chandramouli, Shri Vijayakumar Majage (Addl. SPP)

Biddanda Kunjappa @ Jeevan (Accused No.1), Biddanda Pemmaiah @ Prithvi (Accused No.4), Deranda Aiyappa @ Dalu (Accused No.3), Chottera A. Erappa (Accused No.2)

State of Karnataka by CPI Madikeri Rural Circle, Napoklu Police Station

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Nature of Litigation

Criminal appeals against conviction and sentence for offences under IPC and Arms Act

Remedy Sought

Appellants/accused sought to set aside the judgment of conviction and order of sentence dated 05/06.04.2017 and to be acquitted

Filing Reason

Aggrieved by the conviction and sentence imposed by the trial court in S.C.No.49/2015

Previous Decisions

Trial court convicted accused for various offences and sentenced accordingly on 05/06.04.2017

Judgment Excerpts

On 04.11.2014 at around 8.30 p.m. at Kirundadu village, with a common intention to commit the murder of deceased Dinesh and to commit robbery / dacoity, Accused Nos.1 to 3 had gone in a Jeep bearing Reg.No.KA-12/N-3076 armed with a gun containing 7 bullets. Accused No.2 is said to have fired gun shots at Dinesh two times and caused his death. After committing the murder of Dinesh, Accused Nos.2 and 3 robbed the gold chain and cash of Rs.25,000/- from the dead body of Dinesh and thereafter threw his dead body and his Honda scooter into the estate ... with an intention to screen themselves from legal punishment and cause disappearance of evidence. The Accused Nos.1, 2 and 3 were sentenced to undergo imprisonment for life and to pay a fine of Rs.20,000/- each along with default clause for the offence punishable under Section 302 read with Section 34 of the IPC.

Procedural History

Complaint filed leading to registration of FIR (Ex.P23). Investigation conducted and charge-sheet filed. Committal under Section 209 CrPC to Court of Sessions. Case registered as S.C.No.49/2015. Charges framed, accused pleaded not guilty. Prosecution examined PW-1 to PW-38, marked Ex.P1-P55 and M.Os.1-31. Accused examined under Section 313 CrPC, denied evidence, offered no defence. Trial court convicted and sentenced on 05/06.04.2017. Accused filed four criminal appeals before High Court.

Acts & Sections

  • Indian Penal Code, 1860: 341, 302, 201, 397, 224, 212, 34
  • Arms Act, 1959: 27(1)
  • Code of Criminal Procedure, 1973: 209, 233, 313, 374(2)
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Tags :
murder robbery common intention conviction criminal appeal trial court sentencing life imprisonment disappearance of evidence

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