STATE OF KARNATAKA Vs. POOJARI NAGARAJAPPA

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment passed in S.C.No.130/2013 dtd. 21/1/2016 on the file of the 2nd Additional District and Sessions Judge, Davanagere. The respondents were charge sheeted for the offences punishable under Ss. 302, 201 and 120(B) R/w Sec. 34 of IPC.

(2.) The factual summary of the prosecution case is that the accused No.1 maintained an extramarital relationship with accused No.2-Renukamma, the wife of the deceased Thippeswamy, who had expressed his objections to this illicit relationship. Consequently, accused No.1 and accused No.2 conspired and formed a common intention to commit the murder of Thippeswamy. On the 4th of June 2013, around 6:30 pm, accused No.1 deliberately summoned Thippeswamy to the vicinity of Sri. Shaila Petrol Bunk, located on Lokikere Road, by making a telephone call. Upon Thippeswamy's arrival, accused No.1 transported him on his motor cycle bearing the registration number KA-05/EQ-9910 to a parcel of land belonging to Thimmappa in Pamenahalli village, specifically identified as Sy.No.53/1. Around 8:00 pm at the aforementioned location, accused No.1 engaged in a quarrel with Thippeswamy, physically assaulted him causing him to collapse. Subsequently, accused No.1 proceeded to apply pressure on Thippeswamy's neck, resulting in his strangulation and immediate demise. In order to conceal the offence and eliminate any incriminating evidence, accused Nos.1 and 2 jointly dragged Thippeswamy's lifeless body into a nearby canal, subsequently camouflaging it by covering it with mud. The motive behind the murder was the conspiracy between accused No.1 and accused No.2 with the objective of committing the murder of Thippeswamy. Consequently, the investigating officer duly filed a charge sheet against the accused individuals, charging them with the aforementioned offences.

(3.) To prove the case of the prosecution 24 witnesses were examined as PWs.1 to 24 and got 37 documents marked as Exs.P.1 to 37 and 7 material objects were marked as Mos.1 to 7.