STATE OF KARNATAKA Vs. P. RAVIKUMAR @ RAVI ETC.

JUDGEMENT

(1.) Challenging the acquittal of respondent nos. 1 and 2 (accused 2 & 3) respectively for the offence under Section 302, IPC the State of Karnataka has preferred these appeals.

(2.) Case of the prosecution is that respondent no. 2 (A-3) D.B. Savitha - wife of the deceased - Mohan Kumar was allegedly having illicit relationship with accused no. 1. On account of such motive, Accused No. 1 and respondent nos. 1 and 2 herein (Accused Nos. 2 & 3) are alleged to have hatched a conspiracy in committing the murder of deceased Mohan Kumarhusband of A-3 (D.B. Savitha) on the ground that he used to harass her on the illicit relationship of A-1 and A-3. On 07.07.2003, the deceased Mohan Kumar left the house in the morning for his fertilizer shop and did not return back. At about 9.30 p.m., the mother of the deceased came to know through PW-6 (Basavaraju) that the body of her son is lying on the side of the road and that he had allegedly fallen from the bike. The deceased was taken to the hospital where he declared dead. The law was set in motion and all the three accused were held under Section 302 IPC read with 120(B),IPC.

(3.) The trial court convicted all the accused under section 302 IPC read with 34 IPC and 120(B),IPC. On appeal, the High Court maintained the conviction of accused no. 1 and acquitted respondent nos. 1 & 2 (Accused nos. 2 and 3).