JUDGMENT :

This appeal is filed by the complainant-State challenging the judgment and order of acquittal dated 15.03.2013 passed in S.C.No.29/2009 on the file of III Additional District and Sessions Judge, Dakshina Kannada, Mangaluru for the offences punishable under Sections 363 , 392, 302, 201 and 75 read with Section 34 of INDIAN PENAL CODE .

The brief facts of the case:-

2. The factual matrix of the case is that one Praveen Shetty was appointed as a driver of Innova car bearing registration No.KA-20N-5557 belonging to one Shantharama Shetty, who has been examined as P.W.3. It is the further case of the prosecution that on 9.11.2008 at about 8.00 p.m., the said Praveen Shetty took the Innova car without informing the owner and he did not return. Hence, the owner Shantharama Shetty and his Manager by name Jeevandhar tried to contact the said driver through mobile phone, but they did not get any connection. Hence, P.W.3 - Shantharama Shetty gave instructions to his Manager P.W.1 to verify whether he has been to his native place i.e., Theerthahalli and on verification, it was found that he was not there in his village also. Hence, the complaint was lodged by P.W.1 to Mulki police at the instance of P.W.3 stating that the driver had stolen the car and hence, the case in crime No.100/2008 was registered for the offence punishable under Section 381 of IPC at the First instance.

3. It is the further case of the prosecution that on 12.11.2008, when P.W.2 - Lokesh Shetty, who was the Sub-Contractor residing at Kodikere, Kulai Village went near the granite quarry pond to wash his face along with three other persons, found one dead body with its hand up and so many flies were sitting on it. Then immediately, he telephoned the Surathkal police and they came to the spot. The Police Sub Inspector - P.W.24, who came to spot recorded the statement of P.W.1 and converted the said Crime No.100/2008 for the offences punishable under Sections 363 , 379, 302 and 201 of IPC and sent a requisition to the Court in terms of Ex.P.76. Then he drawn mahazar in the presence of panchas and seized the clothes and other materials found on the dead body. He also recorded the statements of Shekhar Poojary and Lokesh Shetty and body was subjected to inquest and thereafter, sent the dead body for postmortem. He has also drawn panchanama as per Ex.P4. Thereafter, the accused persons were apprehended and their voluntary statements were recorded and recoveries were made at the instance of the accused persons including Zen car which was used to rob the Innova car. The said Innova car and the weapons which were used to cause threat were also recovered.

4. The Investigating Officer completed the investigation and filed a charge sheet against the accused persons for the above offences. Accused Nos.1, 3 and 4 were secured and taken to judicial custody. Accused No.2 was absconded and hence, sp