Venkatesha vs State Of Karnataka

1. The appellant in this appeal by Special Leave was tried and convicted for offences punishable under Sections 302, 307, 427 read with Section 34 of the IPC and Section 3 of the Explosive Substances Act, 1908 read with Section 34 of the IPC by the XXI Additional City Civil & Sessions Judge, Bangalore. For the offence of murder punishable under Section 302 read with Section 34 of the IPC the appellant was sentenced to undergo rigorous imprisonment for life and a fine of Rs.5,000/-, in default of payment whereof a further simple imprisonment for three months was awarded to the appellant. Similarly, for the offence punishable under Section 307 read with Section 34 IPC the appellant was sentenced to undergo five years’ rigorous imprisonment and a fine of Rs.1000/-. In default of payment of fine the appellant was awarded a further simple imprisonment for a period of one month. For the offence punishable under Section 427 read with Section 34 IPC the appellant was awarded a sentence of one year’s rigorous imprisonment while a sentence of ten years’ rigorous imprisonment and a fine of Rs.2000/- was awarded to the appellant under Section 3 of the Explosive Substances Act read with Section 34 of the IPC. Criminal Appeal No.514/2000 filed by the appellant before the High Court against the judgment and order of the trial Court having failed the appellant has filed the present appeal to assail his conviction and the varying sentences awarded to him, for different offences mentioned above.

3. After completion of investigation and filing of chargesheet but before committal of the case to the Sessions Court competent to try the same the committal Court by its order dated 6th January, 1998 allowed an application filed on behalf of Hanif (A-3) under Section 306 of the Cr.P.C., granted pardon to him and treated him as an approver in the case. A-3 was accordingly examined at the trial as an Approver. Briefly stated the prosecution case and the genesis of the occurrence that led to the killing of deceased-Shankar and injuries to Krishna and Shivaram was as under:

7. Krishna (PW-1) in the meantime returned to the saloon after taking his breakfast, whereafter at about 11 or 11.30 a.m. in the morning (PW-5) left the shop to have his breakfast. Shortly after his departure from the shop the deceased-Shankar told PW-7 that he should switch on the tape recorder contained in the box. The deceased-Shankar accordingly opened the cardboard box left behind by A-3 and switched the same on. Smoke started coming out of the box which exploded with a huge sound damaging the shop and several articles lying around. As a result of the blast the deceased- Shankar as well as PW-1 and PW-7 who were present in the shop sustained injuries. PW-1 and PW-7 were rushed to the NIMHANS hospital in an auto- rickshaw from where they were shifted to the Victoria hospital. Shankar- deceased was also rushed to the Victoria hospital in an ambulance but succumbed to the injuries sustained by him. Muniraju (PW-14) who was away from Bangalore rushed back after hearing about the bomb blast in his shop. A first information report about the occurrence was lodged by PW-1 that set the investigation rolling. In the course of investigation Hanif (A-3) offered to make a confession and was tendered pardon as already mentioned above and later examined as PW-2 at the trial.

9. When the matter came up before us on 14th March, 2012 learned counsel for the respondent-State placed on record a communication dated 13th March, 2012 stating that G. Venkatesh Murthy son of Gopala appellant in Criminal Appeal No.134 of 2005 has since been released prematurely on 15th August, 2006 in terms of order dated 14th August, 2006. Appellant-Venkatesha son of Gurappa in Criminal Appeal No.135 of 2005, however, continues in custody and has undergone 12 years’ imprisonment. It was in the light of the said statement that Criminal Appeal No.134 of 2005 was dismissed as infructuous in the light of the subsequent development while Criminal Appeal No.135 of 2005 was set down for final hearing.

“… On enquiry, A.1 told that some person from Harohalli has to pay the amount and he wants to collect the money and asked him to accompany him. Thereafter A.1 took him on his TVS near his shop. Then A.1 opened the lock of his shop and opened the door and brought a box like article from his shop. Thereafter, A.1 took him to the bus-stand. At that time, A.2 Venkatesh was in the bus-stand. A.1 kept the said box in the bus-stand and asked him to wait near the same and went away saying that he has to meet some person. At about 7 or 7-15 a.m., A.1 and A.2 returned…”

On dissections of the dead body, I did not find any internal injuries.”

28. There is, in our opinion, no perversity or miscarriage of justice arising out of appreciation of evidence by the trial Court or the High Court to warrant interference. In the result this appeal fails and is hereby dismissed.