STATE OF KARNATAKA Vs. M RAMA ANKAIAH

JUDGEMENT

(1.) THIS appeal by the state is filed being aggrieved by the judgment of acquittal passed by the IV Additional City civil and Sessions Judge, Mayo Hall, bangalore, in SC No. 389/1998 wherein the respondents-accused before the trial Court have been acquitted of having committed the offences punishable under Sections 302 r/w 34, IPC.

(2.) THE respondent herein stood charged before the trial Court of having committed the offences punishable under Section 302 r/w 34, ipc, on the accusation that on 31-5-1998 at about 9 p. m. near Sanjay Bar and Restaurant, suranjandas Road, J. B. Nagar, in furtherance of their common intention to cause the death of Mani alias Manivannan that accused 1 and 2 assaulted Mani alias Manivannan with knives on his chest and back and accused No. 3-Shanmugam assaulted Mani alias manivannan with hands and caused his murder and thereby committed the offence punishable under Section 302 r/w. 34, IPC.

(3.) IT is the case of prosecution that on 31-5-1998 at about 10. 15 p. m. when P. W. 20 who was working as Police Inspector in J. B. Nagar police Station was in the Police Station. Smt. Lakshmi (P. W. 1) appeared before him and lodged the complaint as per Ex. PI averring that herself and her husband were residing at house No. 345, Anandapura, Bangalore. Her husband was a social worker. They have three daughters and a son. On 31-5-1998 at about 6 p. m. her husband went out saying that he would return in the night. At about 9. 10 p. m. some boy came and informed her that three persons had stabbed her husband near Sanjay bar and he had been taken to Manipal Hospital. Immediately, she went with her sister, her husband-Devraj to Manipal Hospital at 9. 30 p. m. and found the body of her husband in the casualty ward and she was informed by the Doctor that he was dead and her husband had been killed by stabbing by some persons. On the basis of the said statement as per Ex. P 1, p. W. 29 registered Crime No. 178/98 for the offence punishable under Section 302, IPC, and submitted FIR to the Court as per Ex. P22. As it was late in the night, he deputed the staff to keep watch over the dead body. He went to the spot of occurrence near Sanjay Bar, he could not prepare mahazar as it was night and he deputed the staff to keep watch over the spot. Thereafter he went to Manipal Hospital and saw the dead body of Mani. He deputed his staff to trace the accused. On 1-6-1998 at 6 a. m. he went to Manipal hospital and held inquest proceedings over the dead body as per ex. P14 in the presence of witnesses. During inquest he recorded the statements of John, anand, Devaraj, Shoba and Gnanam. Thereafter he made arrangement for shifting the dead body from Manipal Hospital to Bowring hospital, thereafter he proceeded to the spot and drew up spot mahazar as per Ex. P8 in the presence of panchas and during the said mahazar, he seized blood stained mud, sample mud and a pair of chapals as per MOs 10 to 12. Thereafter, he seized the clothes which were found on the body as per MOs. 1 to 3 as per Mahazar Ex. P10. He sent requisition to pwd to prepare sketch of the spot of occurrence. On 5-6-1998 at about 12. 30 p. m. ASI-Krishnappa and other staff produced before him accused 1 and 2 along with motorcycle bearing No. KA 03 U 6945. He arrested the said accused and seized the motorcycle. He interrogated accused 1 and 2 and accused 1 and 2 gave voluntary statement as per Exs. P1 to P23 volunteering to produce the knife and clothes which they have concealed. P. W. 29 along with the staff lead by accused 1 and 2 to Sir C. V. Raman Nagar to point out accused No. 3. Accused No. 3 was coming in the opposite direction and accused No. 3 was arrested with the help of his staff and brought to Police Station and the same accused 1 and 2 lead P. W. 29 and the panchas to their respective house in Sampangirama Nagar at about 5 p. m. Both the accused went inside the room which was in the first floor and accused no. 1 produced MOs. 4, 6 and 9-knife and clothes and accused No. 2 produced MOs. 5, 7 and 8-knife and clothes, same were seized under mahazar Ex. P7. On 6-6-1998 accused were produced before the Magistrate. Weapons seized were sent to the Medical Officer for examination and opinion. P. W. 29 received medical report from the Medical Officer as per Ex. P18 and the opinion regarding weapons as per Ex. P19. He sent the seized clothes and weapons for FSL examination and received FSL examination report as per Ex. P16 and after completing investigation, filed charge-sheet against accused 1 to 3 punishable under Section 302 r/w. 34, IPC. All the accused pleaded not guilty and claimed to be tried.