K KUMAR Vs. STATE BY RURAL POLICE, CHIKKAMAGALUR

JUDGEMENT

(1.) The present appellant who was accused in the Court of the II Additional Sessions Judge at Chikkamagaluru (hereinafter referred to as "Trial Court" for brevity) in a judgment dated 15-12-2015 passed in Sessions Case No.84/2014 has been convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC" for brevity) and was sentenced accordingly.

(2.) Challenging the said judgment of conviction and order on sentence, the appellant/accused has preferred this appeal seeking his acquittal from the aforesaid offence.

(3.) The summary of the case of the prosecution is that, on 14-04-2014, one Sri. John Pais (PW-1) lodged a written complaint before the respondent Police, the summary of which is that on the same day, he received a telephone call from one Sri. Mosas Suresh (PW-3) stating to him that K.F. John S/o. Francis was found dead in his house. Based on the said information, the complainant visited the said house only to see that said K.F. John S/o. Francis was found dead in a room near a cot. He also noticed the blood stains in the said room. The said complaint was registered in U.D.R.No.29/2014 under Section 174(c) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C." for brevity). On 28-04-2014, the complainant Sri. John Pais (PW-1) again appeared before the respondent - Police and gave a re-statement, summary of which is that the amount belonging to deceased K.F.John, one K.Kumar and Kunchuru Kumar was with the deceased K.F. John. The said K. Kumar and Kunchuru Kumar demanded their share of money in it. K.F. John went on dodging the matter. People were talking that, in that connection, the accused K. Kumar had been to the house of said K.F. John and quarrelled with him with respect to sharing of money and caused his murder. Based on the said restatement, PW-10, the Police Sub-Inspector of the Respondent - Police enquired with Kunchuru Kumar, who also gave the statement on line with the re-statement of the complainant. Subsequently, based on the Post- Mortem report issued by the Doctor, being convinced that the complaint registered under U.D.R. is in fact complaint with respect to murder of deceased K.F. John, the said Police Sub-Inspector suo motu, as a complainant registered a case in their Station Crime No.215/2014 for the offence punishable under Section 302 of IPC.