MOHAMMED ASOOD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.2-Mohammed Asood, accused No.3-Farooq @ Chandu preferred this appeal being aggrieved by the judgment and order of conviction and sentence passed by the II Additional Sessions Judge, Chikmagalur in SC.No.73/2009, dated 17/18.12.2014, whereunder accused Nos.1 to 3 were convicted for the offences punishable under Sections 302 and 201 r/w. Section 34 of IPC. Challegning the legality and correctness of the same, accused Nos.2 and 3 are before this Court.

(2.) Gist of the prosecution case is that accused No.1-Shivayogi Shivacharya Swamy @ Dharanesh is the swamiji of Mahanthi Mutt at Mudigere, accused Nos.2 and 3 and absconding accused No.4 by name Lathif were knowing each other. Smt.Chandravathi was a devotee of Mahanthi Mutt. Accused No.1 was acquainted with Smt.Chandravathi and in that light on 10.12.2008 at about 12.45 p.m., he called Smt.Chandravathi over phone and all the accused persons took her in a Maruthi Omni Van with an intention to rob her gold ornaments and to commit her murder. Thereafter they took her near Bhuthana Ghat and strangulated her. After taking away the gold ornaments, they threw the body of the deceased near KEB high tension line at Shanthaveri Ghat. Since the said Chandravathi did not return to the house a complaint was filed by her son as per Ex.P5. On the basis of the said complaint, a case was registered in Crime No.101/2008 for man missing. It is further case of the prosecution that one Rangappa, a forest Guard was working in the Shanthaveri Ghat and when he was removing the dry waste near the high tension line and as there was fire at the other end, at about 1.30 p.m., he tried to extinguish the fire in order to see that it should not spread to the forest. When he went near the said place, he noticed a female body was lying with a foul smell and it was decomposed. He also noticed that the body was tied with a saree and a chappal was also lying by the side of the said body. By seeing the things, he realized that some miscreants with ultimate motive, have murdered her and thereafter by tying the saree, they have thrown the body. He gave the report to Lingadahalli Police Station as per Ex.P1. On the basis of the said report, a case was registered in Crime No.7/2009 for the offences punishable under Sections 302 and 201 r/w. Section 34 of IPC. After completion of investigation, a charge sheet was laid against accused Nos.1 to 3 by showing Lathiff as absconding accused No.4. The committal Court after complying the mandatory provisions committed the case to the Sessions Court. The Sessions Court took cognizance. After hearing the parties, charge was prepared, which was read over and explained to the accused. They pleaded not guilty and as such the trial was fixed.

(3.) In order to prove its case, the prosecution has examined 38 witnesses and got marked 49 Exhibits and also 21 Material Objects. Thereafter, the statement of the accused was recorded by putting incriminating material against them. Accused persons have not chosen to adduce any evidence, but during the course of crossexamination, they got marked Exs.D1 to D4. After hearing the learned counsel for the parties, the trial Court after appreciation of the evidence held that the evidence produced by the prosecution is sufficient to bring home the guilt of the accused and convicted accused Nos.1 to 3 for the aforesaid offences. Assailing the same, accused Nos.2 and 3 are before this Court.