This appeal by the convicted accused is directed

against the judgment of conviction and order of sentence

dated 23.07.2016 passed in S.C.No.91/2013 by Principal

District

and

Sessions

Judge,

Dakshina

Kannada,

Mangaluru, wherein the accused are convicted for the

offence punishable under sections 302, 201 r/w 34 IPC

and accused Nos.1 and 3 to 6 are sentenced to suffer life

imprisonment for the offence punishable under section 302

IPC, so also, they are directed to undergo imprisonment

for three years for the offences under section 201 r/w 34

IPC and pay a fine of Rs.10,000/- each, in default of

payment of fine, they are further directed to undergo

simple imprisonment for a period for 30 days each.

2. The factual matrix of the prosecution case is that

one Siddappa, S/o Sangappa of Bhagavathi village,

Bagalkot Taluk & District had married accused No.2 in this

case one Renuka @ Kasthuri and about twelve years back,

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he had gone to Mangaluru and settled there itself along

with his wife and a child and every now and then, he used

to go to his village and also going back to Mangaluru. But,

since three years prior to 22.08.2009, Sidappa i.e.,

deceased had not come to his village. Therefore,

suspecting Siddappa's whereabouts, PW-1 Basappa who is

younger brother of Siddappa, lodged a missing complaint

before Mangaluru Rural Police station on 22.08.2009 as

per

Ex-P22,

upon

which,

a

man

missing

FIR

in

Cr.No.174/2009 was registered as per Ex-P23 and

investigation was taken up by one Prakash K-Police Sub-

Inspector of the said police station.

3. It is further case of the prosecution that on

22.08.2009, Sub-Inspector of Police deputed PW-22 a

police constable by name Sunil Patel to trace out accused

No.2 Renuka @ Kasturi. Accordingly, said police constable

had been to Nargund of Gadag District and traced Renuka

@ Kasturi and produced before the Sub-Inspector of

Police-K. Prakash on 23.08.2009. On interrogation of

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accused No.2 Renuka, it had revealed that she had

developed illicit intimacy with accused No.1 Mohammed

Anwar and in order to maintain the same, she joined

hands with accused No.1 and with the assistance of

accused Nos.3 to 6, conspired with each other and they

caused the death of deceased Siddappa i.e., the husband

of accused No.2 and buried his dead body in Balluru

Gudde of Kannuru village, Mangaluru District. Therefore,

upon this information given by accused No.2, a suo-moto

report was prepared by K. Prakash i.e., Police Sub-

Inspector as per Ex-P24 and FIR has been registered in

Cr.No.176/2009 under sections 302 and 201 r/w 34 IPC

against the accused persons. Thereafter, he investigated

the matter and handed over investigation to PW-21 one

B.R. Lingappa, who was Circle Inspector of Police of

Mangaluru

Rural

Police

Station.

Subsequently,

on

24.09.2011, PW-21 Circle Inspector of Police took up

further investigation from Police Sub-Inspector Prakash

and recorded voluntary statement of Renuka i.e., accused

No.2 and thereafter she was produced before him and he

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deputed CW-48 for arrest of other accused persons and on

24.09.2009 at about 1.30 a.m., CW-48 Prakash produced

accused Nos.1, 3 to 6 before PW-21 and they were

interrogated and their voluntary statements are said to

have been recorded at Ex-P26 to Ex-P30.

4. It is further case of the prosecution that on

23.08.2009, Sri. K Prakash Sub-Inspector of Police had

submitted requisition to Sub-Divisional Magistrate for

exhumation of the dead-body of Siddappa. Accordingly,

exhumation

proceedings

was

conducted

by

PW-11

Prabhulinga Kavalaktti, Sub-Divisional Magistrate in the

presence of PW-10 Dr. Raghavendra Babu Y.P., Assistant

Professor, Department of Forensic Medicine, K.M.C,

Mangaluru and they all proceeded to Balluru Gudde of

Kannur Village and the place shown by the accused was

dug and there they found some bone pieces, hairs, clothes

and other articles which are marked as M.O.1 to M.O.4

and bone pieces which are marked as M.O.5 to M.O.14

and same