STATE Vs. UDAYA ALIAS UDAYAKUMAR ALIAS KATU

JUDGEMENT

(1.) THE judgment and order of acquittal dated 30.7.2011 passed by the Sessions Judge, I Fast Track Court, Shimoga in Sessions Case No.94/2009, is called in question, in this appeal, by the State. The accused were tried and acquitted of the offences punishable under Sections 364, 365, 302, 201 read with Section 34 of IPC.

(2.) CASE of the prosecution in brief is that accused No.1 and deceased -Sudhakara Shetty were not in good terms; PW.7 -a relative of the deceased was a tenant in a house owned by accused No.1; accused No.1 used to harass PW.7 -Kalavathi by teasing her; she decided to vacate the house and consequently she asked accused No.1 to give back the advance amount paid by her at the time of occupying the house; the advance amount was not paid by accused No.1; in that context, the deceased being a relative of Kalavathi, intervened and he held talks with accused No.1 number of times. However, accused No.1 was aggrieved by the intervention of the deceased in the matter of Smt Kalavathi PW.7. Consequently, he has planned to commit the murder of the deceased with the help of accused Nos.2 to 5. In the evening of 2.1.2009, when the deceased - Sudhakara Shetty was coming on his motor cycle bearing registration No.KA -14 -TR -5974, all the accused allegedly kidnapped the deceased and took him to a Neelagiri Plantation at Kommanal Village on a motor cycle and committed the murder by throttling his neck with a red coloured belt of the deceased, set his dead body on fire after pouring petrol and destroyed the evidence. Wife of the deceased Smt. Latha (PW.1) lodged a complaint as per Ex.P1 on 4.1.2009 alleging missing of her husband; in the said complaint (first complaint), it is mentioned by PW.1 that a quarrel had taken place between the deceased and accused No.1 in the matter of getting the house of Kalavathi vacated; that the deceased had informed to the Police that on the previous night, a threatening telephone call was received by PW.1; however from the next day, the accused was missing. The complaint -Ex.P1 came to be registered in Crime No.2/2009 of Rural Police Station, Shimoga.

(3.) ANOTHER complaint (second complaint) was filed by PW.1 as per Ex.P3 before Superintendent of Police on 8.1.2009 which came to be registered in Crime No.4/2009 (FIR Ex.P32). In the said complaint, allegations are made specifically as against accused Nos.1 and 2. During the course of investigation, the skeleton of a dead body was recovered at the instance of accused No.3 on 13.1.2009. The police after investigation laid the charge sheet.