MAHANTHESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appellant was the accused in the Court of learned Prl.District & Sessions Judge, Davanagere, (hereinafter for brevity referred to as 'trial Court'), who was convicted for the offence punishable under Section 302 of Indian Penal Code, 1860 (hereinafter for brevity referred to as ' IPC '), by the said Court by its judgment of conviction and order on sentence dated 26.02.2016. The accused was sentenced to undergo life imprisonment and also to pay a fine of Rs.10,000/- and in case of default, to undergo ten months simple imprisonment for the proven guilt. It is against the said judgment of conviction and order of sentence, the accused has preferred the present appeal.

(2.) The summary of the case of the prosecution is that, on 28.04.2014 PW-1(CW-3) P.H.Venakappa, appeared before the respondent-Police and gave an information intimating that he has noticed a dead body of a lady who was identified by him as one Smt.Suvarnamma, a known person to his family, in the vacant site adjoining to his house in the morning of 28.04.2014. When the police received the said information at 9.30 on that morning, they registered a case in their Station in UDR No.10/2014 under Section 174(c) of Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as ' Cr.P.C .). During the course of investigation, the respondent-Police after visiting the spot, came to know that it is a case of murder and in that regard, registered FIR in the case and continued the investigation. PW-3 - Police Sub-Inspector, recorded the statement of PW-4 (CW-2) Rahul, who is said to have stated before the said Police Officer that on the evening, he saw the accused, joined by a lady, bringing the deceased in their Tempo Traveller bearing registration No.KA-17-A-8522 and they shifting a lady in an undisposable condition in the said vacant site and leaving the place. Based upon the said vehicle number received by them, the Police are said to have continued their investigation and seized the said vehicle and apprehended its driver on the very next day i.e., on 29.04.2014.

(3.) Charge for the offence punishable under Section 302 of IPC was framed against the accused. Since the accused pleaded not guilty, trial was held, wherein the prosecution in order to prove the alleged guilt of the accused, examined fifteen witnesses from PW-1 to PW-15 and got marked documents from Exs.P-1 to P-17(a) and produced Material Objects at MO-1 to Mo-3. No defence evidence was led from the side of the accused.