STATE OF KARNATAKA Vs. S. MOHAMMED IDRIS

JUDGEMENT

(1.) State has preferred this appeal against the judgment of acquittal dtd. 28/8/2019 passed in Sessions Case No.127 of 2011 passed by the I Additional District & Sessions Judge, Bellary (for short hereinafter referred to as the "trial Court").

(2.) For the sake of convenience, the parties herein are referred to as per their rank and status before the trial Court.

(3.) The factual matrix of the case are that Bruce Pet Police Station filed charge sheet against accused for offences punishable under Ss. 364-A, 302, 201, 120-B, 109 read with Sec. 149 of Indian Penal Code. It is alleged that accused 1 to 5, with an intention to extract money from the relatives of Pankaj Jain, made a conspiracy and on 1/2/2011 at 8:40 pm and when said Pankaj Jain was proceeding on a scooter bearing registration number KA-34/J-7477, they kidnapped him in an Indica car bearing registration number KA- 34/M-2248, assaulted on his head with wooden stick causing injury. Later, the accused made a phone call to the relatives of Pankaj Jain and demanded a ransom of Rs.8,20,000/- for his release. It is further alleged that on 2/2/2011 at 8:30 pm accused received Rs.7,00,000/- from the complainant near LLC Canal near Guggarahatti. Instead of releasing Pankaj Jain, the accused tied his hands and legs with a rope and stamped tape on his mouth, committed murder of Pankaj Jain by drowning him in LLC Canal at 12:30 midnight. The accused have taken equal share in the ransom amount received from the complainant. It is alleged that the accused have also taken gold ornaments like chain and finger-ring of deceased-Pankaj Jain. It is further alleged that accused No.6, knowing fully well about the overt acts of accused 1 to 5, has not given information to anybody with an intention to screen the evidence of murder. It is further alleged that accused No.7 provided his mobile number to accused 1 to 5 to commit kidnap and murder and gave the information to accused 1 to 5 about the relatives of Pankaj Jain and accused 6 and 7 aided accused 1 to 5 in the commission of offence. Thereby, accused have committed the alleged offences punishable under Ss. 364-A, 302, 201 , 120-B, 109 read with Sec. 149 of Indian Penal Code. After filing of charge sheet, cognizance was taken against the accused for punishable of alleged offence and a case was registered in CC No.253 of 2011. After committal of the same to the Court of Sessions, case was registered in SC No.127 of 2011. On hearing charges, the trial Court framed charges against accused for commission of offence punishable under abovementioned Ss. and the same was read over and explained to the accused. Accused have denied the charge levelled against them and claimed to be tried.