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RAVI MALIMATH, H.P.SANDESH
State of Karnataka – Appellant
Versus
Subramanya – Respondent
Key Points: - The appeal was filed against a judgment of acquittal passed by the Principal Sessions Judge [3000435190001]. - The prosecution alleged that accused Nos. 1 and 2 conspired to murder the deceased, Kamalamma, due to an illicit relationship and the deceased being an obstacle [3000435190002]. - The prosecution further alleged that accused Nos. 1 and 2, with the assistance of accused No. 3, buried the body to screen evidence of the murder [3000435190002]. - The trial court acquitted all accused, finding the prosecution failed to prove the case [3000435190004]. - The High Court found the death of Kamalamma to be homicidal, based on medical evidence and the exhumation of the body [3000435190011]. - The High Court found sufficient material to believe the prosecution's case against accused Nos. 1 and 3, reversing the trial court's acquittal for these accused [3000435190024][3000435190025]. - Accused No. 1 was convicted for murder (Section 302 IPC) and screening evidence (Section 201 IPC) [3000435190026][3000435190037]. - Accused No. 3 was convicted for screening evidence (Section 201 IPC) [3000435190026][3000435190038]. - There was insufficient material to convict accused No. 2 for conspiracy or murder [3000435190024][3000435190026][3000435190040]. - The judgment of acquittal against accused No. 2 was confirmed [3000435190040].
JUDGMENT :
H.P. Sandesh, J.
1. This appeal is filed against the judgment of acquittal passed in S.C. No. 59/2011 by the Principal Sessions Judge, Chikmagalur vide order dated 20.12.2012.
2. The factual matrix of the case is that the Police have filed the charge sheet against accused Nos. 1 and 2 for the offences punishable under Sections 120B, 302, 379, 201 read with Section 34 of Indian Penal Code making the allegation that the deceased Kamalamma was the second wife of Manjappa Naika, who was the father of accused No. 2 Gowri @ Gowramma through his first wife. Kamalamma was having two daughters i.e. CW-7 and CW-8. CW-7 has been examined as PW-1 and other daughter has not been examined. The said Kamalamma was residing alone at Hosamane at Horabylu village by the side of the house of accused No. 2. The husband of accused No. 2 was also no more and she was staying along with her two children. The case of the prosecution is that accused Nos. 1 and 2 were having illicit relationship for which the deceased Kamalamma used to object and scold and she was an obstacle in their way.
3. The prosecution in order to arraign accused Nos. 1 and 2 has alleged that on 23.08.2010 both of them have agree
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