STATE OF KARNATAKA Vs. MUNIRAJU AND ORS.

JUDGEMENT

(1.) THE Judgment and Order of acquittal dated 4th August 2012 passed by the District & Sessions Judge, Chikkaballapur in S.C. No. 52/2009 is called in question in this appeal.

(2.) CASE of the prosecution in brief is that Accused No. 1 borrowed Rs. 35,000/ - from the deceased for purchase of two wheeler, whereas Accused No. 2 borrowed Rs. 30,000/ - plus Rs. 5,000/ - from the deceased for the purpose of drip irrigation; since the accused failed to keep the promise of repayment within the time stipulated, the deceased started pressurizing the accused to repay the amount; since the accused did not have intention to repay the loan amount borrowed by them, they had planned to do away the life of the deceased; Accused No. 2 took the deceased on the motorcycle near a open well situated at Soppahalli village in Chikkaballapur taluk; Accused No. 1 also came to the said spot; both the accused strangulated the neck of the deceased and after committing his murder, both the accused concealed the dead body in a plastic bag and tied the bag with the metal wire and threw the bag containing the dead body in the well in order to conceal the offence; this incident has taken place at about 7 p.m. on 2.11.2008; none of the family members of the deceased lodged the complaint.

(3.) AS aforementioned, the trial Court on evaluation of the material on record, gave benefit of doubt in favour of the accused by concluding that the prosecution has not proved its case beyond reasonable doubt.