The prosecution bears the burden to prove guilt beyond reasonable doubt in homicide cases, particularly when relying on circumstantial evidence.

JUDGMENT :

RAJESH RAI K., J.

1. The State has preferred this appeal against the judgment passed in Sessions Case No.42/2016 dated 21.06.2022 by the Principal District and Sessions Judge, Koppal (hereinafter referred to as ‘learned Sessions Judge’) acquitting the accused-respondents for the offences punishable under Sections 363 , 120B, 302 and 201 of the INDIAN PENAL CODE 1860 (for short ‘IPC’).

2. The prosecution case, briefly stated, is that, respondent No.1 i.e., accused No.1 took the deceased (Kariyappa) on his motorcycle on 25.11.2015 at 06:30 pm from Budihal village for a drink. Thereafter, the deceased did not return and his phone was not reachable. Therefore, the complainant-PW.2-brother of the deceased, visited the house of accused No.1 to enquire about his brother. However, the family members of accused No.1 informed that accused No.1 had not returned to the house and his mobile phone was also switched off. Hence, the complainant made efforts to search his brother; but failed to trace him. Subsequent thereto on 30.11.2015, PW.2 lodged a complaint-Ex.P.2 before the Alwandi Police alleging that the accused No.1 had kidnapped the deceased. On the strength of Ex.P.2, the Police registered a case against accused No.1 for the offence punishable under Section 363 of IPC in Crime No.115/2015 dated 30.11.2015 as per Ex.P15. Later, PW.12 took up further investigation. On 02.12.2015, the body of the deceased was found in an abandoned well at Kustagi-Koppal Road. PW.2 identified the body as his brother’s and lodged further complaint as per Ex.P3. Accordingly, the complainant-Police invoked Sections 302 and 201 of IPC in Crime No.115/2015. Later, PW.12 drew the inquest panchanama and also sent the body for postmortem and subsequently, apprehended the accused. On interrogation, the accused No.1 revealed that he and deceased- Kariyappa were friends and deceased used to visit the house of accused No.1 and had developed intimacy with the sister of accused No.1 which was opposed by accused No.1. Despite the accused No.1 warning him, the deceased did not heed and continued the same. Ultimately the deceased expressed his desire to marry the sister of accused No.1. Enraged by the same, accused No.1 hatched a conspiracy with accused Nos.2 and 3 to take away the life of deceased. Accordingly on 25.11.2015, he took the deceased on his motorbike to a place called Hiresindhogi Village and made him consume alcohol, thereafter took him to the farm of one Layakali at Kustagi road, Koppal village. There the accused Nos.2 and 3 joined accused No.1. Later, accused No.1 picked up quarrel with deceased and assaulted him with a club on his head and chest with multiple blows and committed the murder of deceased. Further, in order to wipe off the evidence, all the accused Nos.1 to 3 threw the body into an abandoned well in the said land. Based on this voluntary statement of accused, the Investigating Officer- PW.14 conducted further investigation and laid the charge- sheet before the Committal Court for the offences punishable under Section s 363, 120B, 302 and 201 of IPC.

3. After committal of the case before the Sessions Court, the learned Sessions Judge after securing the presence of the accused, framed charges against accused for the aforementioned offences and read over the same to the accused. However, they denied the charges and claimed to be tried.

4. In order to prove the charges leveled against the accused before the Sessions Court, the prosecution in all examined 15 witnesses as PW.1 to PW.15 and got marked 21 documents as Ex.P1 to Ex.P.21 and identified 9 material objects as MO.1 to MO