1. The State has filed this appeal questioning the judgment and order of acquittal passed by the Additional Fast Track Court-I, Davangere, in SC.No.22/2004, acquitting the respondents. By the impugned judgment, the respondents are acquitted of the offences punishable under Sections 302, 395, 201 and 419 r/w. Section 34 of IPC and Sections 3 and 25 of Indian Arms Act.

2. The deceased Basavaraj and accused No. 1 Devaraj are brothers. They are sons of Gurusiddappa. The family had got two establishments of Bakeries viz., ‘Prakash Bakery’ and ‘Shivaprakash Bakery’. Prakash Bakery was being run by accused No. 1, whereas Shivaprakash Bakery was being run by the deceased. Prakash Bakery came to be closed as the land lord of the said premises got back the possession and consequently, accused No. 1 (tenant) was evicted. However, accused No. 1 and the deceased were jointly doing business thereafter in Shivaprakash Bakery. Differences arose in the family. Deceased filed a civil suit before the jurisdictional Civil Court against accused No. 1 and his father. The order of injunction was granted in favour of the deceased. Suppressing the said order, accused No. 1 and his father Gurusiddappa filed one more suit in the Court of Civil Judge (Senior Division). In the said suit, order of injunction was not granted in favour of accused No. 1. Thus, ill-will between accused No. 1 and the deceased with regard to sharing of profit of Shivaprakash Bakery continued and there used to be frequent quarrels. The deceased went to Bakery from his house on 7.9.2002 in usual manner. After closure hours of the bakery during night, he went to office of PW.23, the advocate for having legal consultation. After having consultation, the deceased left to his house. However, he was unheard off from about 10.00 p.m. on 7.9.2002. Wife of the deceased (PW.1-Shilpa) lodged a complaint as per Ex.P1 with an allegation that her husband is missing from the night of 7.9.2002. However, the deceased was not traced.

3. When the facts stood thus, the Dy.S.P. Ravinarayan (PW.34) got information that it was accused No.1, the brother of the deceased who committed the murder of the deceased in collusion with accused Nos. 2 to 6. PW.34 (Dy.S.P.) lodged the complaint (i.e. second complaint) as per Ex.P41 on 23.11.2003 against accused Nos. 1 to 4 and others, as he allegedly came to know that all the accused committed the murder of the deceased. The complaint reveals that accused No. 1 had told accused No.2 to threaten the deceased in order to get the civil matters filed against accused No. 1 withdrawn by the deceased and as an advance money he paid amount of Rs. 10,000/-to accused No.2. Accused No. 2, in turn took the assistance of accused Nos. 3 to 6 and murdered the deceased by assaulting on the head of the deceased during night on 7.9.2002 and shifted the dead body in a car to a remote place. Thereafter all of them burnt the dead body in order to hide the crime, consequent upon such burning, the dead body of the deceased was not found. However, only the bones were recovered.

During the course of investigation, the confessional statement of accused No.1 was recorded as per Ex.P44 before the learned Magistrate-PW.40 on 24.11.2003 and the statement of PW.7 was recorded under Section 164 of Cr.P.C. before another learned Magistrate-PW.39 on 6.12.2003 as per Ex.P14. After completion of the investigation, the police laid the charge sheet six accused for the offences punishable under Sections 302, 395, 201 and 419 r/w. Section 34 of IPC and Sections 3 and 25 of Indian Arms Act.

4. During the course of trial, the prosecution examined in all 41 witnesses and got marked 52 exhibits and 14 Material Objects. On behalf of the defence, one Exhibit came to be marked. The trial Court on evaluation of the material on record, acquitted accused Nos. 2 to 6 (respondents herein) of all the offences and convicted accused No. 1 Devaraj for the offences punishable under Sections 201 and 419 of IPC