Case Note & Summary
The present criminal appeal arose from the judgment of conviction and order of sentence dated 24.05.2017 passed by the Principal Sessions Judge, Udupi, in S.C. No. 23/2011, convicting the appellant-accused for offences punishable under Sections 302 and 397 of the Indian Penal Code, 1860. The prosecution alleged that on 20.12.2010 at about 7.30 PM at Herur Village, Udupi Taluk, the accused, Yogish, son of Krishnappa Poojary, murdered Smt. Sunanda A. Shetty, the mother-in-law of the first informant, by strangulation, and committed robbery of her gold ornaments weighing 102.300 grams valued at Rs.1,80,000/-. The first information report was lodged on 21.12.2010 by Jnana Vasantha Shetty (PW1) at Bramhavar Police Station, leading to registration of Cr. No. 344/2010. After investigation, a charge sheet was filed, and the case was committed to the Sessions Court. The trial court examined 25 prosecution witnesses, including family members, a newspaper vendor, a neighbor, bank officials, and others who had pawned a gold chain at the instance of the accused, and 4 defence witnesses. On appreciation of evidence, the trial court convicted the accused and sentenced him to life imprisonment with a fine of Rs.5,000/- for murder, and seven years imprisonment for robbery, with compensation of Rs.25,000/- to the legal representatives of the deceased. Aggrieved, the accused preferred this appeal under Section 374(2) Cr.P.C. before the High Court of Karnataka. The appeal was heard and reserved for judgment on 26.07.2022, and the judgment was pronounced on 23.11.2022. The excerpt of the judgment provided does not include the court's final decision or reasoning.
Issue of Consideration
Case Details
2022 LawText (KAR) (11) 31
Criminal Appeal No. 1054 of 2017
K. Somashekar, Pradeep Singh Yerur
N.R. Krishnappa (Appellant), Vijayakumar Majage, Addl. SPP (Respondent)
Yogish S/o Krishnappa Poojary
The State of Karnataka by Circle Inspector of Police, Brahmaputra Circle, Udupi District represented by State Public Prosecutor
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Nature of Litigation
Criminal appeal against conviction for murder and robbery.
Remedy Sought
Appellant-accused sought to set aside the judgment of conviction and order of sentence dated 24.05.2017 and to be acquitted of all charges.
Filing Reason
The appellant was convicted and sentenced to life imprisonment for murder and seven years imprisonment for robbery, and he challenged the conviction on merits.
Previous Decisions
The trial court in S.C. No. 23/2011 convicted the appellant for offences punishable under Sections 302 and 397 IPC and sentenced him to life imprisonment with fine of Rs.5,000/- and seven years imprisonment respectively, with compensation of Rs.25,000/- to the legal representatives of the deceased.
Judgment Excerpts
The appellant - accused has been convicted and sentenced to imprisonment for life for the offence punishable under Section 302 IPC and to pay fine of Rs.5,000/- and in default of payment of fine amount to undergo simple imprisonment for further period of six months.
It is the case of prosecution that appellant - accused committed the death of Smt. Sunanda A. Shetty by holding her neck and pressing it tightly with his hands while she was washing the ground floor.
Procedural History
FIR lodged by PW1 on 21.12.2010 at Bramhavar Police Station, case registered as Cr. No. 344/2010 for offences under Sections 302, 392/395 r/w 397 IPC. Investigation led to arrest and recovery of incriminating material. Charge sheet filed before Addl. Civil Judge and JMFC, Udupi, in CC No. 811/2011. Case committed to Sessions Court under Section 209 Cr.P.C. and numbered as S.C. No. 23/2011. Trial conducted with 25 prosecution witnesses, 50 exhibits, and 19 material objects; defence examined 4 witnesses and marked 2 documents. Accused's statement under Section 313 Cr.P.C. recorded. On 24.05.2017, Principal Sessions Judge, Udupi, convicted the accused under Sections 302 and 397 IPC, sentencing him to life imprisonment with fine for murder and seven years for robbery, with compensation of Rs.25,000/-. Aggrieved, accused preferred Criminal Appeal No. 1054/2017 under Section 374(2) Cr.P.C. before High Court of Karnataka; heard and reserved for judgment on 26.07.2022, and judgment pronounced on 23.11.2022.
Acts & Sections
- Indian Penal Code, 1860: 302, 392, 395, 397
- Code of Criminal Procedure, 1973: 374(2), 190(1)(a), 207, 209, 313
