STATE OF KARNATAKA Vs. RAJA AND ORS.

JUDGEMENT

(1.) By judgment and order dated 31.1.2010 in S.C.No.155/2008 on the file of Fast Track Court-II at Tumkur, all the accused Nos.1 to 6 were tried and acquitted for the offences punishable under sections 302, 201 r/w 149 IPC. Against acquittal of all the accused, the State has preferred this appeal.

(2.) The brief facts which gave rise to this appeal are stated as under:-

(3.) On 1.3.2008 at about 4.30 p.m,. the accused No.1 took deceased Jayaram-husband of accused No.6 from his house at Dyapalapura on the pretext of attending a dinner party on his motor bike bearing No.KA-02-EN-6563 to Kengeri Anjeneyaswamy temple where accused Nos.2 to 5 joined accused No.1 and deceased. From there, all of them proceeded in Swaraj Mazda Tempo bearing registration No.KA-03-B-407 towards Shivapura, where they purchased whisky from a wine shop. From there they went to Dyapasandra. By that time, all the accused made the deceased consume sufficient alcohol, as a result of intoxication, he slept in the Swaraj mazda tempo. The tempo was taken to Huliyur forest near Laxmipura in the land bearing Sy.No.18 of one Belliyappa near eucalyptus groove. At about 1.30 p.m., night, accused lifted deceased Jayaram who was under total influence of liquor from the tempo and took him to dense forest area where he was relieved of his pant and shirt. Accused No.1 and 2 dropped big boulders over the head of deceased Jayaram and committed his murder. They left the deadbody on the spot where he was murdered. On 2.3.2008 the dead body of unknown male person was noticed by PW-1 Mudduraju, PW-1 lodged a complaint as per Ex P-1 on the basis of which crime No.42/2008 came to be registered for the offences punishable under Sections 302, 201 IPC. During the course of investigation, it transpired that the unknown deadbody that was found within the jurisdiction of Huliyurdurga police station was cremated by the police, after obtaining the photographs of deadbody. Said photographs were shown to the relatives of the deceased, who inturn identified the deadbody as that of deceased Jayaram. The Investigating Officer during the course of investigation arrested all the accused, recorded their voluntary statements and after completion of investigation, charge-sheet came to be filed against accused Nos.1 to 6 for the offences punishable under sections 120-B, 302, 201 r/w 149 IPC.