SUBBANNA Vs. MUDUKAPPA

JUDGEMENT

(1.) The appellant being the complainant has filed this appeal under Sec. 372 of Code of Criminal Procedure (for short ' Cr.P.C ') being aggrieved and dissatisfied with the judgment of acquittal passed by the I Additional District and Sessions Judge, Vijayapur in Sessions Case No.40/2012 dtd. 25/2/2014.

(2.) The brief relevant facts leading up to this appeal are as under : That appellant/complainant has submitted a complaint as per Ex.P.1 before Basavanabagewadi Police Station, alleging that his son by name Shantappa is missing since from 1/6/2011 and his whereabouts are not known. Based upon that, a missing complaint was registered by the police in Crime No.151/2011.

(3.) It is the further case of the appellant/ complainant that, at the evening hours of 28/8/2011, he learnt that a human body is lying within the limits of N.R.Village. Therefore, on 29/8/2011, he went to the said spot in the morning hours along with his elder brother Laxman and another person by name Kallappa. He noticed the presence of human bones scattered on the spot with green colour shirt and striped blue lungi. He identified the said clothes as belong to his son Shantappa as he was wearing the said shirt and lungi, when Shantappa left the house. Thereafter, appellant/complainant went to Basavanabagewadi Police Station lodged a complaint alleging that deceased Shantappa had illicit relations/intimacy with accused No.1. He also alleged that accused No.1 to 4 have committed the murder of his son. The said complaint is registered as per Ex.P.1 and thus, criminal law was set into motion by registering the case for the offences punishable under Ss. 302 , 201 read with Sec. 34 of Indian Penal Code (for short ' IPC '). Accordingly, first information report came to be registered as per Ex.P.10.