The prosecution must prove the guilt of the accused beyond all reasonable doubt, especially in cases relying on circumstantial evidence.

JUDGMENT

1. These two appeals are filed by the State and the father of the deceased against the judgment of acquittal passed by 12th Addl. District and Sessions Judge, Belagavi sitting at Gokak in S.C.No.251/2014 dated 15.11.2017.

2. Crl.A.No.100115/2018 is filed by the State under Section 378(1) and (3) of Cr.P.C. while Crl.A.No.100022/2018 is filed by PW-8 under Section 372 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for short)

3. As both these appeals are arising out of the same judgment of acquittal, they are heard together and common order is being passed.

4. For the sake of convenience, the parties herein are referred to with their original ranks occupied by them before the trial Court.

5. Brief factual matrix leading to the case is as under:

That on Bhupal Hanji has filed a complaint with Mudalagi police station that on 27.03.2013 alleging that his land is situated near Mudalagi-Sunadholi road on bank of Ghataprabha river and he is cultivating the said land. On 27.03.2013 at about 11.00 a.m., when he was watering the sugarcane crop, he noticed people gathered near river bridge and out of curiosity, he went there and noticed that a dead body was floating there in the water. The dead body was of a male person aged about 20-30 years and the hands were tied with plastic rope and hence, he suspecting the murder, lodged a complaint which was registered in Crime No.46/2013 for the offence punishable under Section 302 and 201 Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short). According to the prosecution, during the course of the investigation, it is revealed that deceased was identified as Irappa Bheemappa Kudemmi and his father subsequently alleged the motive to commit the offence stating that the deceased had illicit intimacy with the wives of accused Nos.1 and 3 and as such, he suspected the accused No.3 and the accused No.3 also made extra judicial confession before him asserting that they have to got rid of his son and in the same way they are going to murder him also. Then the PW-8 has given statement in this regard before the Investigating Officer and Investigating Officer has apprehended the accused and drawn mahazar. He has also recorded the statement of material witnesses in this regard and found that there is material evidence as against the accused and accused having committed the murder of the deceased, threw his dead body in order to screen themselves from the legal consequences. Hence, he has submitted the charge sheet on the basis of circumstantial evidence. After the submission of the charge sheet, learned Magistrate has taken cognizance of the offence and then committed the case to the Sessions Court. In the meanwhile, accused Nos.1 and 2 were arrested and accused No.3 obtained anticipatory bail. The accused were enlarged on bail in due course and they have appeared before the learned Sessions Judge and they were represented by the defence counsel. The prosecution papers were furnished to them. After hearing the arguments and perusing the records, the learned Sessions Judge has famed charge under Section 302 and 201 read with Section 34 of IPC against the accused and the same is read over and explained to the accused. Accused pleaded not guilty and claimed to be tried.

6. To prove the guilt of the accused, the prosecution has examined in all 30 witnesses as PW-1 to PW-30 and documents were marked as Exs.P-1 to P-49 and 8 MOs were also marked as M.O. 1 to 8. After conclusion of evidence of the prosecution, the statement of accused under Section 313 of Cr.P.C. is recorded to enable the accused to explain the incriminating evidence appearing against them in the case of the prosecution. The case of the accused is of total denial and they did not choose to lead any oral evidence. However, Exs.D-1 and D-2 were got marked which are the portions of the statements said to have been given by PW-17 before the Investigating Officer under Section 161 of Cr.P.C.

7. After having hea