Circumstantial evidence must establish a clear, unbroken chain pointing to guilt without reasonable doubt; the absence of direct evidence requires further corroboration for conviction.

JUDGMENT :

VENKATESH NAIK T, J.

Challenging the order of his conviction and sentence, accused No.1 in S.C. No.15033/2015 on the file of the V Additional District and Sessions Judge, Bengaluru Rural, Sitting at Devanahalli, has preferred this appeal.

2. The appellant was prosecuted in S.C. No.15033/2015 for the charges for the offences punishable under Sections 498A, 120B, 109, 302 and 201 read with Section 34 of the Indian Penal Code, 1860 (for short ' IPC ') on the basis of the charge-sheet filed by Bagaluru Police in Crime No.213/2014 of their Police Station.

3. For the purpose of convenience, the parties are referred to henceforth according to their ranks before the trial Court. The appellant was accused No.1 in SC No.15033/2015. Pending the case, accused Nos.3 and 4 died. Hence, case against them stood abated. As accused No.7 was absconding, case against him was split up. Accused Nos.2, 5, 6 and 8 to 10 have been acquitted of the charges leveled against them.

4. The case of the prosecution is as follows:-

The first informant/Sri Muniswamigowda (PW1) lodged complaint as per Ex.P1 before the respondent-Bagaluru Police on 30-12-2014, alleging that, when he had been to his land on that day at 10.30 a.m., he found dead body of woman near the compound and security room of the said land with visible crushed injuries on her face, head, the chest bones were visible, since she sustained deep injuries on her head, chest etc., body was not identifiable. Her left toe was cut. Hence, a case was registered by PW25-Sri Jayaram R., Bagalur Police Inspector, in Crime No.213/2014 for the offences punishable under Sections 302 and 201 IPC vide Ex.P32-F.I.R and took up investigation. During the course of investigation, PW25 visited the scene of occurrence, drew spot mahazar vide Ex.P2, recovered incriminating articles vide MOs.1 to 5, conducted inquest panchanama on the dead body of victim vide Ex.P20, sent dead body of the victim to B.R. Ambedkar Hospital for postmortem examination, where PW15-Dr.B.M.Nagaraj conducted postmortem examination on the dead body and issued his report vide Ex.P27. Investigating Officer recorded statement of witnesses. During the course of investigation, on 02.01.2015, the Investigating Officer arrested accused No.1, recorded his voluntary statement, and pursuant to his voluntary statement, other accused persons were also arrested. As per their voluntary statements, accused No.1-Arun Kumar fell in love with victim-Ramya and married her in the month of November-2013. Later, he developed illicit relationship with accused No.8-Asha P. Hence, he subjected Ramya to cruelty both physical and mental. Thereafter, accused No.8 with intent to marry him instigated accused No.1 to torture the victim. All the accused hatched criminal conspiracy to commit the murder of Ramya. Hence, on 29.12.2014, accused No.1 along with other accused took the victim in an auto rickshaw from Kappa Coffee Day situated at Kasthuri Nagar, Bengaluru, to the land of CW8 - Riyaz Ahamad, which was cultivated by PW1, situated at Kadusonnappanahalli, Bagaluru Police Station limit and at 7 p.m., accused No.1 along with accused Nos.2 to 6 in order to commit the murder of the victim, accused Nos.4 and 5 gripped her from hind side, accused Nos.1 and 2 stabbed on her neck with knives and committed her murder. Then accused Nos.1 to 5 holding her by her tuft, hands and legs shifted her to the place between compound and watchman shed, on confirming that she is dead, accused using the same knives peeled off her skin from scalp upto chest, cut her right forearm and left foot to cause disappearance of evidence and identification of dead body. Then they carried the peeled skin of the victim in a bag. Investigating Officer recorded statements of all witnesses and after completion of investigation, he filed the charge sheet against all the accused persons for the aforesaid offences.

5. Motive behind the alleged crime is that, accused No.1 came into contact with the victim