Case Note & Summary
The judgment relates to three connected criminal appeals arising from the trial court's verdict in S.C. No.117/2012. The case involves the murder of Sandeep Shetty on 13.11.2011. The prosecution alleged that there was animosity between Accused No.1 (Keshava @ Choni) and the deceased over real estate and money transactions. Accused Nos.1 to 10 believed the deceased had informed the police about them and, along with Accused No.11, conspired to kill him. On the night of the incident, Accused Nos.1 to 10, forming an unlawful assembly armed with talwars and iron rods, trespassed into the house of CW1 Hemachandra and Accused Nos.1 to 6 assaulted Sandeep Shetty, causing his death. PW1 (father-in-law of the deceased) lodged a complaint, leading to registration of Crime No.355/2011 at Ullal Police Station for offences under Sections 143,147,148,447,448,302 read with 149 IPC. After investigation, a charge-sheet was filed against eleven accused. The trial court, after trial, convicted Accused Nos.1,3 and 8 for offences under Sections 143,147,148,447,448,302/149 IPC and acquitted them of the charge under Section 120B/149 IPC. The remaining accused (A2, A4 to A7, A9 to A11) were acquitted of all charges. Aggrieved by the conviction, Accused Nos.1 and 3 filed Criminal Appeal No.1128/2016, and Accused No.8 filed Criminal Appeal No.871/2016. The State filed Criminal Appeal No.1616/2016 against the acquittal of all accused for the offences of conspiracy and the acquittal of the others. In the High Court, the Senior Counsel for the convicted accused argued that the trial court erred in relying on interested witnesses, that no test identification parade was conducted, and that the evidence of witnesses regarding conspiracy was hostile. The extract of the judgment provided does not contain the final analysis and decision of the High Court.
Headnote
A) Criminal Conspiracy - Section 120B read with Section 149 IPC and Section 75 IPC - Conspiracy to murder - Trial court held that prosecution failed to prove that Accused Nos.1 to 10 met Accused No.11 and criminally conspired to commit murder of Sandeep Shetty; acquitted all accused for these offences. State appealed against acquittal. High Court's decision not included in provided extract. (Paras 9-10) B) Unlawful Assembly, Rioting, Criminal Trespass - Sections 143, 147, 148, 447, 448 IPC - Allegation that Accused Nos.1 to 10 formed unlawful assembly with deadly weapons and trespassed into CW1's house to cause murder - Trial court convicted Accused Nos.1,3,8 for these offences, finding charges proved beyond reasonable doubt. Convicts appealed. (Paras 9-10) C) Murder - Section 302 read with Section 149 IPC - Allegation that Accused Nos.1 to 6 caused death of Sandeep Shetty by assaulting him with talwars and iron rods - Trial court convicted Accused Nos.1,3,8 for murder. Convicts appealed. (Paras 9-10)
Issue of Consideration
Whether the trial court correctly convicted Accused Nos. 1, 3, and 8 under Sections 143, 147, 148, 447, 448, 302 read with 149 IPC; whether the trial court correctly acquitted them under Section 120B/149 IPC and acquitted Accused Nos.2,4 to 7,9 to 11; whether the State's appeal against acquittal should be allowed.
Law Points
- unlawful assembly
- common intention
- criminal conspiracy
- criminal trespass
- murder
- proof beyond reasonable doubt
- reliability of interested witnesses
- test identification parade
- Section 120B IPC
- Section 149 IPC
- Section 302 IPC
