The prosecution must establish all necessary circumstances to prove the guilt of the accused beyond reasonable doubt.

JUDGMENT

B.A.Patil, J. - Criminal Appeal No.100192/2015 has been preferred by accused No.3 and Criminal Appeal No.100012/2016 has been filed by accused Nos.1 and 2, assailing the judgment of conviction and order of sentence passed by the District and Sessions Judge, Koppal in S.C. No.41/2014 dated 02.07.2015.

2. I have heard the learned counsel Sri.T.Hanumareddy for the appellants - accused Nos.1 to 3 and the learned Additional S.P.P. Sri.V.M.Banakar for the respondent - State.

3. Since these two appeals are arising out the common judgment, they have been clubbed together and disposed of with a common judgment.

4. The genesis of the case of the prosecution in brief is that the deceased Hanumawwa was given in marriage to Sri.Mariyappa about 20 years back; out of the said wedlock, they have begotten two children i.e., accused No.2 and the juvenile offender, who is in: conflict with law. Her husband expired and thereafter, the deceased started residing along with accused Nos.1 and 2 and the juvenile-in-conflict with law with her parents. As she has inherited the property of her husband, she used to go to the village of her husband and was in the habit of wandering to other villages and used to stay there itself, to which accused Nos.1 and 2 and the juvenile-in-conflict with law used to object and advise her on the ground that her character is questionable. Even they thought it to done away with the life of the deceased. Though the complainant has also advised not to do any such heinous act. All the relatives and the accused persons were fed up, as she has not stopped her behaviour and she has brought disrespect to their family in their society and in that light, when Hanumawwa had been to the village to see her landed property, thereafter she did not return. A complaint was registered by accused No.1 about the missing of the deceased and subsequently on 28.07.2014 the dead body of the deceased was found in hillock area and on the evening of 31.07.2014, accused No.1 made a confession to the complainant and disclosed that on 24.07.2014 at about 06:00 p.m. after coming to know that the deceased Hanumawwa was coming along with P.W.11 from Hulihaider on the pathway, at about 07:00 p.m. himself, accused Nos.2 and 3 and the juvenile-in-conflict with law by holding the clubs, stones in their hands went near them. By seeing the same, P.W.11 being afraid as the deceased told to fled away, he ran away from the scene of the offence. As the deceased did not mend her character and their dignity and respect has been lower down in the society, they committed the murder by assaulting with clubs, stones on her head and back. He further told that with an intention to screen the offence, the dead body was thrown into the thick bushy area.

5. After hearing the confessional statement of the accused No.1, complainant went and filed the complaint as per Ex.P-1. On the basis of the said complaint, a case was registered in Crime No.95/2014. Thereafter, after investigation, the charge sheet was filed. The learned Magistrate committed the case to the Sessions Court after following the formalities. The learned District Judge after hearing both the parties prepared the charge, read over and explained to the accused. Accused persons abjured their guilt and pleaded false implication and hence, faced the trial.

6. In order to prove its case, the prosecution examined in all 22 witnesses, got marked 29 documents and 10 material objects. Thereafter, the statements of accused persons under Section 313 of Cr.P.C. were recorded. Accused persons denied the same and they did not choose to adduce any evidence on their behalf nor got marked any documents. The learned Trial Judge after hearing the arguments and scrutiny of the evidence, found that the prosecution had been able to prove the case against the present appellants and accordingly convicted them. Challenging the legality and correctness of the same, the accused Nos.1 to 3 are before this Court.

7. The main grounds