K DODDAPPA Vs. MAHALINGAPPA AND ORS

JUDGEMENT

(1.) This appeal is filed by the original complainant challenging the Judgment dated 11.02.2011 passed by the Fast Track Court-III at Hospet in SC No.36/2009 acquitting the respondents/accused of all offences under Section 120-B, 143, 147, 148, 302 r/w Sec 149 of IPC.

(2.) It is the case of the prosecution that, the complainant is having six brothers and three sisters and all his brothers are residing separately. The complainant is the eldest brother and the deceased Kuberappa is the ninth brother of the complainant. The said Kuberappa had married daughter of his sister by name Vanajakshamma and he was having two sons and a daughter. The deceased was living along with his wife and children in the house by the side of NH-13 at Hosahalli within the jurisdiction of Hosahalli police Station, Bellary District.

(3.) It is the case of the prosecution that, on 13.11.2008 at about 9.30 p.m., the deceased Kuberappa after having dinner left his house along with his friend Lambani Srinivas-PW.5. But, he did not return till next day morning. The younger brother of the complainant tried to contact the deceased Kuberappa through mobile. But, the same was switched off. At about 5.00 p.m., on 14.11.2008, one Revanna informed that the dead body of the deceased Kuberappa is lying near the water tank behind Sophia Convent School, Hosahalli, which fact he came to know through Suresh-water man who saw the dead body at the first instance on that day at about 4.00 p.m. The complainant along with the family members rushed to the spot and saw the dead body under the water tank and also noticed that the head of the deceased was crushed and he was bleeding. There was also bleeding from the private part of the deceased. It is stated that, there was dispute regarding cart road between one Mahalingappa S/o. Mari Nagappa-accused No.1 and others. There were also assault cases registered against both the parties and due to the said enemity, the said Mahalingappa and his men were looking for an opportunity to assault them. Hence, the complainant suspected that accused and some other persons had conspired to commit the murder of the deceased and have assaulted him either by means of some weapon or stone and crushed his head. The complainant lodged the complaint before Sub-Inspector of Police, Hosahall i police Station on 14.11.2008.