STATE OF KARNATAKA Vs. SADASHIV NAGAPPA NAIK

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 26.03.2018 in S.C.No.23/2013 on the file of the Prl. District and Sessions Judge, Uttara Kannada, Karwar, by which accused Nos.1 and 2 came to be acquitted for the offences punishable under Sections 302, 201 and 392 read with Section 34 IPC, the State has filed this appeal under Sections 378 (1) and (3) of the Cr.P.C.

(2.) For the sake of convenience, the parties are referred to their rank before the Trial Court.

(3.) A charge-sheet came to be filed against accused Nos.1 and 2 for the offences punishable under Sections 302, 201 and 392 read with Section 34 of IPC, alleging that on 04.11.2012 at around 11.30 a.m., accused Nos.1 and 2 with the common intention of committing the murder of deceased Smt.Kalpana Ashok Mahale and robbing her gold ornaments, took her in an autorickshaw driven by CW.10 Venkataraman Timmayya to a secluded place in Konara Gudda forest area and after making her to drink beer, when she became intoxicated, accused persons removed her clothes and accused No.1 bludgeoned her with a stone and killed her and thereafter both accused persons removed two gold mangalya chain, a pair of Jhumaki Kuduku, one nose ring, one nose pin, a cell phone and vanity bag belonging to the deceased. It is further alleged that with an intention of destroying the evidence, accused persons threw away the sim card and vanity bag belonging to the deceased and also the sim card of accused No.1 in the nearby stream and thereby committed the above said offences.