ORDER :

REGARDING MAINTAINABILITY OF APPEAL

This appeal is filed under Section 372 of Criminal Procedure Code, 1973 [‘Cr.PC’, for short]. The appellant herein is PW.5 in S.C. No.186/2008 on the file of the I Additional District & Sessions Judge, Mandya. The records would indicate that the information regarding homicidal death of two unknown persons was informed to the Station House Officer of Bellur Police Station, Nagamangala Taluk, Bellur Hobli, Mandya District, where the informant Venkategowda, son of Thimmegowda, would inform that on 31.01.2008 at about 9 am in the morning, he noticed two bodies of unknown male persons in totally burnt condition where the clothes on their body as well as skin is completely burnt and there are no identification marks on their face. He would inform the Police that the aforesaid two persons might have been killed at some other place and later brought to this place with an intention of burning them to destroy the identity of said persons and also to conceal the evidence. The said information was registered in Crime No.20/2008 on 31.01.2008 at 9.45 am under sections 302 and 201 of Indian Penal Code, 1860 [‘IPC’, for short]. Thereafter, investigation was conducted wherein it was revealed that the bodies which were found in fully burnt condition were that of driver and cleaner of the lorry bearing registration No.KA154567 belonging to the appellant herein.

2. It is in this background, statement of the appellant was recorded by the Police where he would state that the deceased persons were Syed Farooq, driver of the aforesaid lorry and Ramesh, Cleaner in the said lorry. He would state that on 30.01.2008, three tonnes of roasted coffee seeds were loaded at the instance of ABC Trading Company, Hassan and the same was required to be delivered to the office of the same company at Bengaluru which was entrusted to Syed Farooq and Ramesh. He would also state that he was not able to trace the whereabouts of the lorry and also driver and cleaner. Later, he came to know about somebody having taken the lorry along with the goods loaded therein by murdering the driver and cleaner of the aforesaid lorry.

3. With the aforesaid statement of appellant herein, the first information which was received under sections 302 and 201 was changed as a complaint under section 396 and 201 of IPC and accordingly investigation was taken up by the Police, resulting in charge sheet being filed on 4.6.2008 against Accused Nos.1 to 7, 10 and 11 as shown in charge sheet bearing No.71/2008 dated 4.6.2008.

4. The contents of the charge sheet would indicate that the accused therein were apprehended while interrogating them with reference to another crime where they would reveal their involvement by forming unlawful assembly in committing an act of dacoity, in stealing lorry belonging to PW.5 with goods loaded therein and in the process, committing murder of its driver and cleaner. It is based on the said confession by Accused Nos.1 to 7, complaint was registered against them and three others in Crime No.22/2008 of Kalasipalyam Police Station on 14.02.2008 for the offences punishable under sections 399 and 402 of IPC and charge sheet was subsequently filed against 9 persons in Charge Sheet No.71/2008 dated 4.6.2008, wherein it is also seen that in the process of investigation, the Police have apprehended the lorry and also confiscated goods from two different places based on the information furnished by Accused Nos. 1 to 7, 10 and 11 and thereafter related the said crime to aforesaid accused and consequently filed charge sheet as stated supra, which was initially registered in CC No.349/2008 on the file of the Civil Judge & JMFC, Nagamangala and subsequently committed to sessions in S.C. No.186/2008.

5. It is seen that in the said proceedings, after recording evidence on behalf of the prosecution and after hearing learned Counsel for the prosecution as well as accused, the learned Sessions Judge proceeded to pass Judgment and Order of acqui