MADHU S/O LATE RAMAIAH Vs. V. BEERESHA

JUDGEMENT

(1.) The defacto complainant has preferred this appeal under Sec. 372 of Cr.P.C., challenging the judgment of acquittal, dtd. 11/1/2018 passed by the Court of I Additional Sessions Judge, Kolar in S.C.No.205/2014, wherein accused Nos.1 to 4 are acquitted of the offences punishable under Sec. 302, 392 and 201 r/w Sec. 34 of IPC.

(2.) Heard the learned counsel Sri. M.R.Nanjudagowda appearing for the appellant, Smt. Rashmi Jadhav, learned Additional SPP for the State / respondent No.5 and learned senior Counsel Sri. Hashmath Pasha, appearing for accused Nos.1 to 4. Perused the evidence and materials on record.

(3.) Brief facts of the prosecution case: The property bearing Survey No.79, measuring about 1 acre 33 guntas, situated at Vapachchanahalli Village of Malur Taluk, was owned by first informant V.R.Madhu (PW.1) and his mother, Thimmamma (deceased). PW1 had entered into an agreement with accused No.1 to sell the said property. The deceased had refused to sell the property and register the property in the name of accused No.1. Hence accused No.1 was nurturing ill will against the deceased and hatched a plan along with accused Nos.2 to 4 to commit her murder. On 22/8/2013 at about 12.00 p.m., accused No.2 in the guise of taking the deceased to Maluru, took her in his Maruti Omni car bearing registration number TN-70/C-0913. Accused Nos.1, 3 and 4 also joined them and all of them took the deceased to a Eucalyptus grove belonging to one Raghuram Reddy, situated between Tarabahalli-Siddanahalli. Accused Nos.1 to 4 covered the face of the deceased with a gunny bag, held her tightly and throttled her and committed her murder. Thereafter, to cause disappearance of the evidence, they covered the dead body in the gunny bag and hid it in a bush. On the same night at about 08.30 p.m., accused Nos.1 and 3 went in a Hero Honda Splender Pro motorcycle bearing Registration No.KA-08/L-8145 to the place where they had concealed the dead body and removed the gold ornaments worn by the deceased and threw the mobile phone and a key bunch at the spot. Thereafter, they shifted the dead body in the motor cycle and threw in a river near Pathakota, Udhanapally, Tamil Nadu.