The lack of legal evidence and secondary hypothesis in the prosecution evidence led to the acquittal of the accused.

JUDGMENT :

1. This appeal is filed challenging the judgment and order of conviction passed in S.C.No.69/2014 by the Court of I Additional District and Sessions Judge, Davanagere dated 03.11.2017/04.11.2017 convicting the accused of the offence punishable under Section 302 of IPC and sentencing him to undergo imprisonment of life and pay a fine of Rs.15,000/-, in default he shall undergo simple imprisonment for 6 months. Further, convicting him of the offence punishable under Section 201 of IPC and sentencing him to undergo simple imprisonment for 2 years and to pay fine of Rs.1,000/-, in default to undergo simple imprisonment for 15 days.

2. The appellant herein was accused before trial Court.

3. The case pleaded by the prosecution is that one Ramarao (in short the deceased) was fighting land dispute with one H.M.Chandraiah(A2) who is the father of accused no.1, in respect of Sy.No.5/1A1 of Vaderahalli village of Davanagere. In this connection suit in O.S.No.427/2013 was pending on the file of Additional Civil Judge, Davanagere. There are many criminal complaints filed to the police in this connection. These disputes prompted ill-will between them. In prosecution of ill-will, on 8.11.2013 at about 7.00 a.m., when the deceased was milking the cow in front of cattle shed situated in disputed land, with sole intention to commit his murder, accused no.1/Somesha @ Putta, H.M. Chandraiah(A-2), Sudha(A-3), Veeresh(A-4) and Rudresh(A-5), who are the family members came near the cattle shed of the deceased, on the abetment and instigation of accused Nos.2 to 5 to commit the murder of the deceased, the accused no.1 inflicted injuries on the back of the head and other parts of the body of the deceased with a chopper, as a result of which, the deceased succumbed to death. In order to screen the act of murder with an intention to cause disappearance of the evidence, accused no.1 thrown the chopper into a nearby well and thereby the accused escaped from the spot.

4. PW-7 Ramababu, PW-8 Shrikara and PW-9 Basanna who were working inside the cow shed came to rescue the deceased. At that time, accused No.1 committed criminal intimidation against them with dire consequences to their life if they disclose the alleged incident to anybody. Son of the deceased i.e., PW-1 Renugopala Krishna came to know about the incident, has set the law into motion by presenting Ex.P.1 complaint to Hadadi Police. Case in Crime No.179/2013 was registered and investigation was takenup.

5. PW-21 -M.G. Pampapathi, CPI investigated the matter, arrested the accused, inspected the spot, conducted inquest and spot panchanama, subjected the dead body for autopsy, arrested the accused, seized the weapon of the offence as per his voluntary statement and also seized the clothes on the dead body, recorded evidence of witnesses, subjected seized articles to FSL examination, received the reports and on completion of the investigation, filed the final report against accused No.1.

6. Learned JMFC-II Court, Davanagere registered case in C.C.No.316/2014, after complying Section 207 of Cr.P.C., committed the case to the Court of Sessions acting under Section 209 of Cr.P.C. Learned Principal District and Sessions Judge, Davanagere registered the case in S.C.No.69/2014 and assigned it to I Additional District and Sessions Judge, Davanagere. In the meantime, the Investigating Officer also secured the remaining accused and filed separate charge sheet. It was registered in C.C.No.820/2014 and after following the formal procedures, committed the case to court of Sessions. The committal court registered in S.C.No.20/2016 and assigned it to I Additional District and Sessions Judge, Davangere. Both the cases were clubbed and common trial was conducted by the trial court.

7. Before the trial Court, the State is represented by the Public Prosecutor and accused were represented by their counsel. The Trial Court after hearing both sides framed the charge under Section 302, 201, 114 and 506 of IPC.