DILIP B. BHOSALE J.

1. This appeal by the State is directed against the Judgment and Order dated 26th Oct. 2006 rendered by Prl. Dist. & Sessions Judge, Chikmagalur, acquitting both the accused-respondents who were charged and tried for the offences punishable under sections 302 read with section 34 and 201 read with Section 34 IPC. It was on the allegations that the accused committed murder of Seshappagowda, assaulting him with wooden club on his head and concealed his body, tied with 2 stones, in the river with an intention of screening themselves from legal action.

2. The case of the prosecution briefly stated is that the deceased and the accused were in inimical terms. P.W.1 Smt. Savitha, P.W.5 Diwakara and C.W.10 Kumari Vanita are the wife, son and daughter of the deceased. The father of accused No.1 is maternal uncle of the deceased. All were residents of the same village. 2 Years prior to the occurrence there was a quarrel between the deceased and the father and uncle of accused no.1 on account of removal of fence put up by the deceased adjoining to their lands. Accused no.1 and his father also had quarrel with P.W.1 and her deceased husband over their cattle having grazed in their lands. A month prior to the occurrence a theft of sandal wood tree, next to the house of the deceased, had taken place and in that connection the deceased had filed a complaint against accused no.1, his brother Boba, one Shashidhara and Sundresha with the forest officials.

On 2.9.2005, as usual, the deceased left his house for work at about 6.35 a.m. Thereafter, he did not return home. The family members of the deceased made efforts to trace the deceased. On 3.9.2005 at about 7.30 a.m. P.W.1 along with her son P.W.5 and maternal uncle C.W.15 went via the pathway running through the lands of Dayananda and Jayaramegwda in search of her deceased-husband. On their way they noticed a pen, keys, Titan watch, umbrella and hand kerchief (M.Os.1 to 5) of the deceased lying by side of the fence. Immediately P.W.1 went to Kudremukh Police Station and lodged missing complaint (Ex.P-1). On the basis thereof P.W.12 registered a case bearing Cr.No.22/2005. On 4.9.2005, P.W.12 visited the place from where M.Os.1 to 5 were found on the previous day, when he got a bundle containing cloths (M.Os.6 to 1). Those were identified as that of the deceased by P.W.4 and his brother C.W.13. They were seized under the panchanama (Ex.P-2).

The investigation was thereafter taken over by P.W.13. In the course of enquiry, P.W.1 raised suspicion against both the accused and so also against Boge Gowda, Srinivasa and Shashidhara. On 5.9.2005, P.W.13 secured the accused persons, one Boge Gowda, Srinivasa and Shashidhara to the Police Station. then the dead body of the deceased also was recovered at the instance of the accused from the river tied with two stones. He also secured presence of panchas P.W.2, C.W.1 and C.W.3 Sheshapa Shetty. In their presence he recorded statements of accused no.1 & accused No.2 (Exs.P-19 & P-20 respectively). Thereafter, recovery panchanama was drawn and a pair of chappals, small club, plastic rope, 2 stones, blue colour shirt, kakhi colour shirt, black colour tee-shirt (M.Os.12 to 20) of the deceased were seized. Inquest panchanama was also drawn (Ex.P-4). The dead body was thereafter sent for autopsy. He then completed the investigation and submitted a charge sheet against the accused. In the course of investigation, he had completed all formalities such as arrest of accused, getting a sketch of the scene of occurrence drawn, drawing of different panchanamas, recording of statements of several person, etc. The case was, thereafter committed to the Sessions Court and the following charges were framed against the accused which reads thus:

“That, on 02.09.2005 at about 7.00 or 7.10 A.M. on the pathway situated in the garden land of one Dayananda at Samse, Mudigere Taluk in furtherance of your common intention, you committed murder by inten