THIPPESWAMY @ THIPPESHI @ VIRAT, Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are accused Nos. 3 and 5 in crime No.222/2017 of Madhugiri Police Station, Tumakuru. Petitioners and four others were charge-sheeted in crime No.222/2017 for the offences punishable under Sections 302, 201 read with Section 34 of IPC.

(2.) The case of the prosecution is as follows: On 16.12.2017 at 11 PM near the land of CW1 situated near Madhugiri by-pass road, due to some previous ill-will, accused Nos.1 to 3 assaulted Mahantesh with longs and rod and accused Nos.4 to 6 trampled him and committed his murder. At the time of offence, Mahantesh was inebriated. To screen the evidence of offence, the accused shifted the dead body near Kataganahatti and dropped the same into the well situated in the land of CW1.

(3.) As per the Post Mortem report, the death is homicidal one. Initially, CW1 files an unnatural death report before Madhugiri Police after noticing dead body in the well. Thereafter, CW5 to 7 said to have given statements before the Investigating Officer that on 16.12.2017 when they were consuming liquor, near the scene of offence they found accused Nos.1 to 5 and another person assaulting some person and allegedly they have given further statement identifying the accused and victim Mahantesh.