(1.) The judgment and order of conviction dated 25.05.2011 passed by the Fast Track Court, Arakalgudu in Sessions Case No.222/2010 is called in question in this appeal filed by the convicted accused.
(2.) The case of the prosecution in brief is that, the deceased Shobha had got money transactions with many people in the village and the accused also had money transactions with the deceased; the accused had taken a sum of Rs.50,000/- from the deceased; since the said amount is not repaid by the accused, the deceased was quarreling with him; in order to eliminate the deceased, the accused took her to Honnavalli village and strangulated her neck; after committing the murder of the deceased by strangulating her, the dead body was dragged for about 60 feet and was thrown in the ditch. The dead body was seen at 11.00 a.m. on 25.06.2010 by the forest guard-PW.1; he lodged the first information as per Ex.P1 on 25.06.2010 before the Arakalgudu police station, intimating the police that the dead body of an unknown female is found in the eucalyptus grove belonging to the forest department. The said first information came to be registered by the Sub- Inspector of Police, Arakalgudu police station in Crime No.234/2010 for the offences punishable under Section 302 and 201 of IPC. The police after completion of investigation laid the charge sheet.
(3.) In order to prove the case, the prosecution in all examined 20 witnesses and got marked 19 exhibits and 22 material objects. On behalf of the defence, 2 exhibits were got marked. The Court below on evaluation of the material available on record convicted the accused for the aforementioned offences.