Point of Law : It is the quality and not quantity which determines the adequacy of evidence as has been provided by Section 134 of the Indian Evidence Act.

JUDGMENT :

This is one of the classic appeals preferred by the State challenging the acquittal judgment rendered by the Trial Court in S.C.No.51/2011 dated 19.01.2016 for offences punishable under Sections 143, 147, 148, 323, 324, 302, 201, 114 read with Section 149 of the IPC, 1860. The State has preferred this appeal seeking to set aside the acquittal judgment rendered by the Trial Court and thereby to convict the accused / respondents for the alleged offences leveled against them by considering the grounds urged therein.

2. Heard the learned HCGP Shri Rahul Rai K. who is present before court physically for the appellant / State and so also the learned counsel Shri S. Shankarappa for Respondent Nos.1 to 17 in respect of the present appeal which is slated for ‘Dictating Judgment’. Perused the acquittal judgment rendered by the Trial Court in S.C.No.51/2011 and also considered the evidence of PW-1 to PW-20 and so also the several documents which were got marked at Exhibits P1 to P31 inclusive of MO-1 to MO-44 including the contradictory statements got marked at Exhibits D1 to D6.

3. Factual matrix of the appeal is as under:

It transpires from the case of the prosecution that previously, a complaint was filed by Madhusudan Reddy regarding assault made upon him by Accused No.1 namely Bhaskar S/o. Somashekar as on 19.04.2010. Accused No.1 and others are said to have assaulted Madhusudan Reddy on 19.04.2010. Keeping the said enmity in mind, at the instigation of Accused No.8 / Somanna @ H. Somashekhar S/o. Hanumanthappa, with a common object to take away the life of Madhusudan Reddy, as on 27.05.2010 at around 10.30 p.m. on Kote Road in Chitradurga, it is stated that Accused Nos.1 to 7, Accused Nos.9 to 11 and Accused Nos.13 to 19 are alleged to have formed an unlawful assembly by holding deadly weapons such as clubs, plastic pipes and are said to have hatched a criminal conspiracy to take away the life of the said Madhusudan Reddy and are said to have waited for his arrival. As expected, the said Madhusudan Reddy had come to Kote Road, Chitradurga along with his wife Swarupa Rani by walk. At that time, the said Accused Nos.1 to 7 and 9 are said to have enticed Madhusudan Reddy on the pretext of arriving at a compromise with him and had taken him upstairs to the first floor of the house of Accused No.1. There, they are said to have committed riot and are said to have assaulted Madhusudan Reddy by means of clubs, plastic pipes, as a result of which he is said to have sustained injuries. In view of grievous injuries sustained, he is said to have died. However, subsequently after his death, in order to destroy the evidence, the accused are said to have transported his body in an Innova Car bearing No.KA-16/M-8393 and another car bearing No.KA-16/M-4122. The body of Madhusudan Reddy is alleged to have been transported to a pit which was situated at a distance of 100 meters from Bukkapattana Cross and it is further alleged that the body of Madhusudan Reddy was set fire by dousing petrol / diesel. In pursuance of the act of the accused and on filing of a complaint by PW-1 namely Swarupa Rani W/o. Madhusudan Reddy, criminal law was set into motion by recording an FIR as per Exhibit P22 for offences punishable under Sections 143, 147, 148, 323, 324, 302, 201, 114 read with Section 149 of the IPC, 1860.

4. PW-1 / Swarupa Rani W/o. Madhusudhan Reddy had first filed a missing complaint as per Exhibit P1 and the said complaint was filed at 00.30 hours on 28.05.2010, which bears her signature at Exhibit P1(a). Exhibit P2 is another complaint which has also been filed by PW-1 / Swarupa Rani who is arraigned as CW-1 in the charge-sheeted materials and this complaint was filed by her at 03.30 hours as on 28.05.2010. Both complaints at Exhibits P1 and P2 have been filed by her as on 28.05.2010, one at 00.30 hours and another at 03.30 hours. Based on both her complaints, FIR has been recorded as per Exhibit P22 and Exhibit P23 is the report sent by PW-1