STATE Vs. M VENKATESH

JUDGEMENT

(1.) The State has preferred this appeal challenging the judgment and order of acquittal of the respondents/accused.

(2.) The respondents/accused were tried on the charge for the offence u/ss.302, 201 r/w.34 of IPC. It is the case of the prosecution on 14.11.2003 at about 11.00 p.m. in the land bearing S.No.81 situated at Uyaamballi village coming within the limits of Sathnur police station, the accused in furtherance of their common intention did commit murder of the two deceased Smt.Radamma and Bhanuprakash by assaulting them with a chopper and after committing the murder, the accused in order to cause disappearance of the said murder threw the clothes and the mobile phone of the deceased-Bhanuprakash to Arkavathi River and Kabbadi tank respectively in order to screen themselves from legal punishment and thereby they have committed the aforementioned offences.

(3.) It is the case of the prosecution during the year 2002-03 one Smt.Vishwabharathi was carrying on chit business at Annasandrapalya near Marathhalli in Bangalore. Many residents of the neighbouring villages viz. Banaswadi, Chikkabanaswadi, Singasandra, Bellandur etc. were members of the chit run by Smt.Vishwabharathi and they had invested from Rs.1000/- to Rs.1,00,000/- in the chit run by Smt.Vishvabharathi. Deceased-Smt.Radamma who is the wife of PW4 Suresh Babu, Bhanuprakash, the other deceased S/o.Bheemaiah-PW1 and Smt.Bharathi-PW7, Smt.Prema-PW6 were members of the chit run by Smt.Vishvabharathi and had invested amounts ranging form Rs.1,000/- to Rs.1,00,000/-. A1 is an autorickshaw driver by occupation. Deceased-Radamma had come to know him when he had taken her to the house of Smt.Vishvabharathi situated in Annasandrapalya. The deceased-Radamma had taken the mobile number of A1 for the purpose of keeping in contact with Smt.Vishvabharathi and had noted the said number on the wall of her house along with the other telephone numbers. PW4 and Radamma, the deceased, had a phone installed in their house. Radamma had paid all the chit amount to Smt.Vishvabharathi. According to the prosecution Smt.Vishvabharathi had paid Rs.40,000/- to the deceased Radamma and was due to her the balance amount out of Rs.1,40,000 to 1,50,000/-. Since the said amount had not been paid to her by Smt.Vishvabharathi, she was in search of her. In this connection she had taken the assistance of A1- Venkatesha. It is the prosecution case in the meantime Smt.Vishvabharathi absconded suddenly. Thereafter also the deceased Radamma was making hectic efforts to trace Smt.Vishvabharathi. A1 who had come in contact with the deceased Radamma told her that he knows the place of Smt.Vishvabharathi and he would take her to the said Smt.Vishvabharathi. In response to the same deceased Radamma told A1 that if he were to take her to Smt.Vishvabharathi and see that she pays her the balance amount due to her, she i.e. deceased would pay him a sum of Rs.20,000/- to him. A1 agreed for the same.