STATE OF KARNATAKA Vs. PONNACHANA K.SOMAIAH

JUDGEMENT

(1.) The State has preferred this appeal challenging the judgment of acquittal dtd. 1/2/2016 passed in S.C. No. No. 42/2011 by the learned Principal District and Sessions Judge, Kodagu, Madikeri, registered for the offence punishable under Ss. 120-B, 302, 201 read with Sec. 34 of IPC.

(2.) Heard Smt. Rashmi Jadhav, learned HCGP appearing for the appellant - State and Sri. B.S. Prasad, learned counsel for respondents - accused Nos. 1 to 3.

(3.) Brief facts of the case are that on 25/10/2010 around 09.55 pm in Hookadu Paisary situated at Kaggodlu village accused Nos. 1 to 3 have conspired to kill Nachappa, brother of accused No. 1 since there was land dispute between accused Nos. 1 and 2 and Nachappa. In pursuance of the said conspiracy the accused persons were waiting for Nachappa and when he was proceeding towards his house by walk, accused No. 1 took the gun belonging to accused No. 2 and fired gun shot two times and when he escaped, accused Nos. 1 and 3 chased him and accused No. 1 fired gun shot two times and made Nachappa to fall into a pit. The accused persons crushed the face of Nachappa with stone and accused No. 1 fired gun shot two times at the chest and committed his murder. In order to screen from legal punishment, the accused persons transported the dead body inside the estate and covered with leaves. One Sri. P.P. Ramesh lodged a Police complaint and on the strength of the said complaint, a case was registered in Madikeri Rural Police Station in Crime No. 238/2010 for the aforesaid offences and FIR was sent to the jurisdictional Magistrate. After completion of investigation the Investigating Officer submitted charge sheet against accused Nos. 1 to 3. Charges came to be framed for the offences punishable under Ss. 120-B, 302, 201 read with Sec. 34 of IPC. The accused Nos. 1 to 3 pleaded not guilty of the charges and claimed to be tried. The prosecution in order to prove its case examined in all 13 witnesses as P.W.1 to P.W.13 and got marked Ex.P.1 to Ex.P.26 and M.O.1 to M.O.40. The statement of accused Nos. 1 to 3 as required under Sec. 313 of Cr.P.C. came to be recorded whereunder accused Nos. 1 to 3 denied all the incriminating evidence against them. The accused did not choose to lead any evidence but only got marked Ex.D.1 to Ex.D.4. Learned Sessions Judge after hearing arguments on both the sides and framing points for consideration has passed the impugned judgment dtd. 1/2/2016 acquitting the accused Nos. 1 to 3 of the charges leveled against them. The State has preferred the present appeal challenging the said Judgment of acquittal.