Arijit Pasayat, J. - (1.) Challenge in these appeals is to the order passed by a Division Bench of the Karnataka High Court. The High Court by the impugned judgment allowed the appeal and set aside the conviction of appellants 3, 4 and 5 (accused No. 3-Sri Giriyappa @ Gireppa, A-4 Sri Yallappa S/o Arujunappa Yaraddi, A-5 Sri Vithal S/o Kalakappa) before it. The compensation of Rs. 50,000/- awarded to Girijabai (PW-4) was reduced to Rs. 20,000/-. The present appeal is by A1, A6 and A7.
(2.) Seven accused persons had faced trial for alleged commission of offences punishable under Sections 143, 148, 341, 109, 302 and Section 201 read with Section 149 of the Indian Penal Code, 1860 (in short the 'IPC'). The occurrence took place in the intervening night of 31.1.2005 around midnight.
(3.) Prosecution version in a nutshell is as follows: Namadev Muralidhar Huvvannavar (the deceased) resided in Bommanabudni village along with his wife-Girijabai (PW.1) and his five children, out of whom Panduranga (PW.5) is one. He was in politics and due to his activities, he had incurred enmity of many persons. He was an accused in a session case on the allegation of having committed about ten years prior to 2005, the murder of Arjunappa Yaraddi (father of accused No. 4) having set on fire the sugarcane crop of Yallappa Yaraddi. He was later acquitted in the said case. Due to that, he had enmity towards accused No. 4, and for certain other reasons towards other accused also. On 30.1.2005 he left for Mudhol at about 4.00 p.m., on his CD Don motorcycle bearing Reg. No. KA- 48/E-1688 (M.0.15). In Mudhol, he met Kallanagouda Timmanagouda Patil of Utturu (P.W.12) at about 8.00 p.m., and told that he was returning to Bommanabudni via Halki. Later at 9.00 p.m. he was seen at Halki by Gyaneshwar Ramappa Manemmi (P.W.11) going on the motorcycle towards Bommanbudni. He did not return home on that day and on the next day as well. Therefore, Girijabai (P.W.1) and Panduranga. (P-W.5) started the search for help. They traced the movement of Namadev till he left Halki and thereafter they could not get any trace of Namadev. In the meantime, they learnt that there were certain motorcycle marks in the land of Vijaya Mandandappa Sutar of Mingapura and when they went there, they found certain tyre marks of a motor cycle corresponding with the tyre marks of Namadev's motor cycle. Therefore suspecting possible abduction of Namadev, P.W.1 lodged a complaint against Yallappa Arjunappa Yaraddi (accused No. 4) and Vital Kalakappa Navi (accused No. 5). That complaint was received by Sri Malakappa, P.S.I. of Lokapur Police Station (P.W.21), who registered a case at Crime No. 16/2005 and forwarded F.I.R. (Ex.P.27) to the JMFC, Mudhol. He went to the place i.e., the land of Vijaya Manadappa Sutar as shown by P.W.1 and conducted the spot mahazar as per Ex.P.2. He also collected information in the neighbouring villages. He learnt that on that night i.e., at 8.00 p.m. of 30.1.2005, P.W.10-Vishnu Tulasigeri had seen the accused Nos. 1, 2 and 4 to 7 near Bommanabudni bus stand talking to each other and later P.W.16-Laxmappa Mullauru having seen the accused No. 2 and 7 going on one motor cycle and accused Nos. 1 and 6 going on another motor cycle towards Belgaum road. He also learnt that at that time the accused No. 7 was on the motorcycle with a gunny bag and when P.W.16 had asked him about the same, the accused No. 7 had replied that it contained a jaggery block intended to be given to his relative. The police also learnt that on the same night i.e., at about 3.00 a.m. on 30.1.2005, the accused Nos. 1, 2, 6 and 7 had been seen by P.W.7-Hanamath Gouda Patil near the canal and two motor cycles parked on the road. That was further confirmed by the information given by P.W.8-Bhimappa Maleguddi. In furtherance of the same, the police suspected the accused Nos. 1, 2 6 and 7 in the matter and launched a search for them. The accused Nos. 1 and 2 were apprehended on 3.2.2005. On interrogation by P.W.20-Basavareddi Lingadal, C.P.I. of Mudhol circle (investigating officer), the accused Nos. 1 and 2 volunteered information to show the place where Namadev had been murdered and also the place where his dead body had been buried. In furtherance of that information, police officer in-charge went to the place near the land of Vijaya Manandappa Sutar and later to a place as shown by accused Nos. 1 and 2. There the place near the canal shown by the accused Nos. 1 and 2 was dug up resulting in the discovery of a gunny bag (M.0.9), which contained a dead body. That dead body was identified by Namadeva's wife-P.W.1-Smt. Girijabai and Namadev's son-Sri Pandurganga (P.W.5) as that of Namadeva. In furtherance of the information furnished by the accused Nos. 1 and 2 regarding involvement of other accused, a search was launched and accused Nos. 4 and 5 were arrested on 7.2.2005. In furtherance of the voluntary information furnished by them, sticks M.Os.11 and 12 allegedly used by them to beat Namadev were recovered. The accused No. 6 was arrested on 11.2.2005. The interrogation of accused No. 6 resulted in leading them to the river and showing the place where, according to him, they had drowned the motorcycle (M-0.13) of Namadev after his murder. A swimmer-Lavappa Laxmappa Nagaral (P.W.15) was sent to that place, who brought up the said motorcycle (M.0.13). That was recovered under panchanama. Later the accused No. 7 was arrested on 26.2.2005 at Panchagavi village and in furtherance of the information furnished by him, the pick-axe (M.0.14) allegedly used for burying the dead body was recovered. After further investigation, a charge sheet was placed against the accused. The accused pleaded not guilty and claimed to be tried. The prosecution examined 23 witnesses and closed its case. About the deceased having been seen by the persons for the last time, the prosecution examined the deceased's wife (PW.1), the deceased's son (P.W.5) and P.W.s 10, 11 and 12. About the movements of the accused to connect them with the murder of Namadev, prosecution has examined P.Ws.10, 13 and 16. Though P.W.13 has not supported the prosecution and P.W.16 only partially supported, the evidence of these two witnesses shows the movement of the accused Nos. 1, 2, 6 and 7. As regards the motive for murder, P.Ws 6, 17 and 18 have been examined. P.Ws. 2, 3 and 4 are panchas. P.W.14 dug up the land from where the gunny bag containing the dead body of Namadev was recovered. According to the prosecution, extra judicial confession had been made by the accused before P.W.9 and the drowned motorcycle was recovered after P.W.15 went down into the river and brought up the motorcycle. P.W.18 is the junior engineer, who has drawn the sketch of scene of the offence. Post mortem examination on the dead body was done by P.W.19 doctor. P.Ws. 20 to 23 are police officers. The trial Court on the basis of the cumulative effect of the circumstantial evidence concluded that the prosecution had proved that it was the accused who had committed the murder of Namadev and had disposed of the dead body by putting it in a gunny bag and burying it near the canal of Chickakhandi village and throwing motor cycle in the river. In appeal, conviction of A-3 to A-5 was set aside as noted above. A-6 and A-7 were acquitted of all charges relating to Section 302 and 109 read with Section 149 IPC. The conviction of A-1 and A-3 under Sections 302 and 109 read with Section 149 IPC was converted to Section 302 read with Section 34 IPC. The conviction of A-1, A-2, A-6 and A-7 under Section 201 read with Section 149 IPC was converted to under Section 201 read with Section 34 IPC while the sentence is maintained. ;