MOHAMMED ANWAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by the convicted accused is directed against the judgment of conviction and order of sentence dtd. 23/7/2016 passed in S.C.No.91/2013 by Principal District and Sessions Judge, Dakshina Kannada, Mangaluru, wherein the accused are convicted for the offence punishable under Sec. 302, 201 r/w 34 IPC and accused Nos.1 and 3 to 6 are sentenced to suffer life imprisonment for the offence punishable under Sec. 302 IPC, so also, they are directed to undergo imprisonment for three years for the offences under Sec. 201 r/w 34 IPC and pay a fine of Rs.10,000.00 each, in default of payment of fine, they are further directed to undergo simple imprisonment for a period for 30 days each.

(2.) The factual matrix of the prosecution case is that one Siddappa, S/o Sangappa of Bhagavathi village, Bagalkot Taluk and District had married accused No.2 in this case one Renuka @ Kasthuri and about twelve years back, he had gone to Mangaluru and settled there itself along with his wife and a child and every now and then, he used to go to his village and also going back to Mangaluru. But, since three years prior to 22/8/2009, Sidappa i.e., deceased had not come to his village. Therefore, suspecting Siddappa's whereabouts, PW-1 Basappa who is younger brother of Siddappa, lodged a missing complaint before Mangaluru Rural Police station on 22/8/2009 as per Ex-P22, upon which, a man missing FIR in Cr.No.174/2009 was registered as per Ex-P23 and investigation was taken up by one Prakash K-Police Sub- Inspector of the said police station.

(3.) It is further case of the prosecution that on 22/8/2009, Sub-Inspector of Police deputed PW-22 a police constable by name Sunil Patel to trace out accused No.2 Renuka @ Kasturi. Accordingly, said police constable had been to Nargund of Gadag District and traced Renuka @ Kasturi and produced before the Sub-Inspector of Police-K. Prakash on 23/8/2009. On interrogation of accused No.2 Renuka, it had revealed that she had developed illicit intimacy with accused No.1 Mohammed Anwar and in order to maintain the same, she joined hands with accused No.1 and with the assistance of accused Nos.3 to 6, conspired with each other and they caused the death of deceased Siddappa i.e., the husband of accused No.2 and buried his dead body in Balluru Gudde of Kannuru village, Mangaluru District. Therefore, upon this information given by accused No.2, a suo-moto report was prepared by K. Prakash i.e., Police Sub- Inspector as per Ex-P24 and FIR has been registered in Cr.No.176/2009 under Sec. 302 and 201 r/w 34 IPC against the accused persons. Thereafter, he investigated the matter and handed over investigation to PW-21 one B.R. Lingappa, who was Circle Inspector of Police of Mangaluru Rural Police Station. Subsequently, on 24/9/2011, PW-21 Circle Inspector of Police took up further investigation from Police Sub-Inspector Prakash and recorded voluntary statement of Renuka i.e., accused No.2 and thereafter she was produced before him and he deputed CW-48 for arrest of other accused persons and on 24/9/2009 at about 1.30 a.m., CW-48 Prakash produced accused Nos.1, 3 to 6 before PW-21 and they were interrogated and their voluntary statements are said to have been recorded at Ex-P26 to Ex-P30.