Point of Law : It is suffice to hold that said period of incarceration undergone by appellants shall be termed as service of sentence and the same will meet the ends of justice. [Para 44]

JUDGMENT :

K SOMASHEKAR, J.

This appeal is directed against the judgment of conviction and order of sentence rendered by the trial Court in S.C.No.47/2011 dated 06.08.2016 convicting accused Nos.1 and 2 for the offences punishable under Sections 302 and 201 of IPC, 1860. Further, acting under Section 235(1) of Cr.P.C. the trial Court acquitted accused Nos.1 and 2 for the offences under Sections 143, 120-B of IPC. Insofar as accused Nos.3 to 5 is concerned, the trial Court acquitted them for the offences punishable under Sections 143, 120-B, 302, 201 r/w 149 of IPC. Hence, this appeal is filed by accused Nos.1 and 2 challenging the judgment of conviction and order of sentence urging various grounds and seeking intervention of the judgment of conviction rendered by the Trial Court and consequently, to set aside the judgment of conviction rendered by the Trial Court and consequent upon setting aside the impugned judgment, to acquit the accused for the offences under Sections 302 and 201 of the IPC.

2. Heard learned counsel Sri Basavaraju.P. for appellants / accused Nos.1 and 2 and so also, learned Addl.SPP for respondent – State. Perused the impugned judgment of conviction and order of sentence rendered by the trial Court in S.C.No.47/2011 and also the evidence of PWs.1 to 26 inclusive of Exs.P1 to P24 and MOs.1 to 5.

3. The factual matrix of the appeal is as under:

It is transpired in the case of the prosecution that accused No.1 namely Anusuya @ Hampi, w/o A.M.Manukumara is the relative of CW.1 who had married accused No.2 namely A.M.Manukumar, s/o Late Appajigowda. Accused No.4 namely Raja @ Koundli, s/o Boregowda had married one of the relatives of CW.1 by name Amrutha. The said marriages were love marriages solemnized in accordance with the customs prevailed in their society with the assistance of accused Nos.2 and 4. In this regard, there was enmity developed in between the family of CW.1 and so also, the family of the accused persons. Due to that enmity now and then quarrels used to take place between them. Accused Nos.3 to 5 used to support accused No.1 and 2 in the said quarrels ensuing between the two families. About one month prior to the death of K.Shalini who is the grand daughter of PW.1 – Puttalingamma there was some quarrel in between K.Shalini and the child of accused Nos.1 and 2. In this regard, accused Nos.1 and 2 had assaulted said Shalini. When the said act of accused Nos.1 and 2 was questioned by CW.1, they picked up quarrel with her and accused Nos.3 to 5 h supported accused Nos.1 and 2 in the said quarrel. On 29.06.2010 at about 5.00 p.m. accused Nos.1 to 5 formed themselves into unlawful assembly and hatched criminal conspiracy to eliminate Shalini, being a minor and school going student.

4. Accused No.1 – Anusuya who is none other than the wife of accused No.2 – A.M.Manukumar brought K.Shalini to her house when she was playing near Government School of Adaganahalli village with her friend by name Nandana who is examined as PW.2. Subsequent to bringing K.Shalini to the house of accused Nos.1 and 2, accused No.4 said to have assaulted on the right hand part of deceased K.Shalini with means of M.O.5 – Knife and all the accused persons said to have caused suffocation to that K.Shalini with an intention to eliminate her. Subsequent to causing of death of K.Shalini by suffocation that the accused were venturing to destroy the evidence to escape from legal punishment. Accordingly, they hade concealed the dead body of K.Shalini beneath a Cot in the bedroom of house of accused Nos.1 and 2 by covering it with coconuts and other materials. Thereafter, on filing of complaint by PW.1 as per Ex.P1, criminal law was set into motion by registration of crime in Cr.No.70/2010 for the offence punishable under Sections 302 and 201 r/w 34 of IPC. Subsequent to setting the criminal law into motion by recording the FIR, the investigating officer took up the case for investigation and investigated the case thoroughly and laid the cha