STATE OF KARNATAKA Vs. N.M.ABDUL AZEEZ

JUDGEMENT

(1.) These two appeals since arise from S.C.No.127/2012, are disposed of by a common judgment. Crl.A.No.441/2018 is filed by the State and Crl.A.No.1098/2017 is filed by PW2, challenging the judgment of acquittal dtd. 27/4/2017 by the V Additional District and Sessions Judge, Dakshina Kannada-Mangaluru sitting at Puttur.

(2.) The facts in brief are as below: PW1-Anandagowda, who was the Vice President of Kombaru Gram Panchayat, received a telephone call on 31/1/2012 by a villager and came to know that a dead body was found in the drainage situated near Amaythadka of Kombaru village. Immediately PW1 went to that place and saw a dead body having been pushed into a drainage pipe. The dead body was in a highly decomposed state and emitting bad smell. Immediately he gave a report of this to the police as per Ex.P1. Later on the body was identified to be that of a woman by name Khathijamma, the wife of PW2. Investigation revealed that accused No.1 to 3 had gone to the house of Khathijamma on 9/1/2012. They robbed the jewelleries that Khathijamma was wearing and then caused her death. They shifted the dead body in a Maruti Omni van and then accused No.1 thrusted the dead body into the drainage pipe. Thus accused No.1 to

(3.) came to be charge sheeted for the offences punishable under Ss. 302 and 201 read with Sec. 34 of IPC. 3. The prosecution examined 27 witnesses, got marked 41 documents and 19 material objects in order to establish its case. The trial court acquitted the accused of all the offences and hence these appeals by the State as well as PW2, the husband of the deceased.