BUTALASIDDA Vs. THE STATE

JUDGEMENT

(1.) THE petitioner is arrayed as accused No. 1 in C.C. No. 60/2015 on the file of the JMFC Muddebihal. The Muddebihal police have investigated the case in Crime No. 264/2014 against the petitioner and others for the offences punishable under Sections 302, 201 r/w 34 of IPC and laid the charge sheet.

(2.) IT is the case of the prosecution as could be seen from the charge sheet papers that a person by name Muttanna S/o. Siddappa lodged a complaint stating that on 02.11.2014 in the morning when he had been to his land he came to know that somebody's dead body was there in the canal near his land then they went near the said canal situated near the land of one Yamanappa Gonal. They observed the dead body of a person aged 25 -30 years. On the basis of said information to the police by Muttanna the investigation began. During the course of investigation it disclosed that daughter of accused Nos. 1 and 2 by name Roopa and deceased Prakash were loving each other prior to the marriage of Roopa. The said Roopa was given in marriage to one Ramesh of Itagi village. It is alleged that even after the marriage of Roopa the said Prakash continued his illicit intimacy with Roopa. In this background on 28.07.2014 the deceased Prakash went to the house of Roopa under the guise of giving invitation and he stayed there in the house of Roopa. The accused Nos. 1 and 2 went to the house of Roopa and on that day and they were angry with the said Prakash for the reason that he continued illicit relationship with Roopa even after her marriage and on that day they took him along with them and thereafter his dead body was found in the canal.

(3.) HENCE , I pass the following: