STATE OF KARNATAKA, Vs. SIJU KURIAN

JUDGEMENT

(1.) This appeal is filed challenging the Judgment and order of acquittal dated 08.08.2013 passed in S.C.No.96/2012 on the file of Fast Track Court, Sagar for the offence punishable under Sections 302 , 201 , 490 and 404 of IPC.

(2.) The factual matrix of the case is that, on 02.12.2011 at about 6:00 to 6:30 in the morning, in the land bearing survey No.48/1 of Kerodi village, Sagar Taluk, the accused who was working as coolie in the Garden House of father of the complainant, with an ulterior motive to murder the father of the complainant and to sell the agricultural equipments and the property to some other persons and to earn money illegally the accused with the iron rod hit on his head, as a result the victim had sustained injuries and succumbed to the injuries. The accused in order to avoid the punishment and to escape from the clutches of law buried the dead body on the western side in the garden land of the victim. The son of the victim at the first instance gave the complaint for missing of his father and when the accused was apprehended the body was recovered at his instance and case was registered and further investigated the matter and recoveries were also made and after completion of the investigation the police have filed the charge sheet for the above offences.

(3.) The accused did not plead guilty before the Trial Court and he claims the Trial and hence prosecution has examined PWs-1 to 25 to prove its case and also got marked the documents Ex.P1 to Ex.P.50 and produced MOs.1 to 47. The Trial Court after considering the evidence of the prosecution examined the accused under Section 313 of Cr.P.C. and thereafter the accused did not choose to lead any defense evidence. The Trial Judge after considering both oral and documentary evidence comes to the conclusion that the prosecution fails to prove its case beyond reasonable doubt and passed an order of acquittal and hence, the present appeal is filed.