SURESH AND ORS. Vs. THE STATE

JUDGEMENT

(1.) This is the appeal preferred by the appellants/accused under Section 374(2) of Cr.P.C., being aggrieved by the judgment and order dated 26.02.2009, passed by the Fast Track Court-I, at Raichur in S.C. No. 48/2008, convicting the appellants for the offences punishable under Section 302 read with Section 34 of IPC, sentencing them to undergo life imprisonment and to pay fine of Rs. 10,000/- each.

(2.) The case of the prosecution as per the complaint at Ex. P1 is that:

(3.) As PC-36/Mallikarjun did not come back even after 16.45 hours, Yamanappa went towards the bus-stand, enquired and he was told that PC-36/Mallikarjun went into the jeep along with the persons, who made Galata and went towards the police station. He told that he does not know the jeep number. The complainant enquired with Kotrappa-KSRTC Mechanic, who took the complainant to the control room. There was a jeep of cruiser company, whose number had been mentioned as KA-25/B-3817 and at that time, bus bearing registration No. KA-09/F-2852 came near Maski-Mudgal bus stand. Two - three persons who were in the said private jeep picked up quarrel with the driver and conductor of the said bus and the same was informed to the complainant. But, by that time, the bus had already left the place and the private jeep was also not there and he came back to the police station at 17.00 hours. In the mean while, the phone message was received at the police station, informing that one Venkatesh, who was a pan-shop keeper, informed that one auto person informed that on Uppar Nandihal road, one policeman, who was in the uniform, was lying there. The same was informed to ASI-Marthandappa, who came to the police station. The complainant immediately had been to the spot, on Uppar Nandihal road and nearby the land of one Ninppa Halli, PC-36/Mallikarjun was murdered by the side of the said road and on his right side chest, on the neck, left eye and other parts of the body, there were stab injuries with knife and the uniform of the deceased was full of blood. The complainant left ASI-Krishna at the spot and came to the police station and in between 16.30 hours and 17.00 hours, as PC-36/Mallikarjun insisted the driver and 2-3 persons, who were in the jeep, who picked up quarrel, to come to the police station and said persons took the PC in their jeep stating that they would come to the police station. But they did not come to the police station with an intention to commit the murder of PC-36/Mallikarjun. They forcibly took him nearby the land of one Nmgappa Halli on Amadihal-Uppar Nandihal road and assaulted him with knife and committed his murder and hence, sought to take legal action against those persons. On the basis of the said complaint, FIR was registered against the driver of cruiser jeep bearing registration No. KA-25/B-3817 and against other 2-3 unknown persons.