STATE OF KARNATAKA Vs. K M SREENARAYANA

JUDGEMENT

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

(2.) Respondents/Accused came to be tried on the charges for the offences under Sections 364, 302, 201 read with 34 of IPC. It is alleged that on 30.11.1998 at about 5.30 p.m., the accused in furtherance of their common intention (which ought to be common object of their unlawful assembly), abducted deceased H.N.Mahadeva from Vivekananda Circle to a scheduled place near J.P.Nagar at Mysore and at the said place under a tamarind tree, they in furtherance of their common object of unlawful assembly, did commit the murder intentionally of the deceased Mahadeva and thereafter, in order to cause disappearance of the said evidence of murder to screen themselves from legal punishment, they transported the dead body with the help of accused No.6 in the autorickshaw bearing KA.09.3470 near southern side of Dalavayee Tank situated at Mysore and there they threw the trunk portion of the body into the tank and nearby by the said place, they burnt the head portion by pouring petrol along with the clothes of the deceased and thereby they committed afore mentioned offences.

(3.) It is the case of the prosecution, deceased H.N.Mahadeva was working as Police Constable at Kuvempunagara Police Station. PW-11, Shakunthala is his wife. They were residing in their house situated opposite to the Deaf and Dumb School, Mysore.