JUDGMENT

The complainant has filed this appeal under Section

372 of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as `the Cr.P.C.'), challenging the judgment of acquittal dated 22.03.2018 passed by the learned II Additional District and Sessions Judge, Mandya (hereinafter for brevity referred to as the `Sessions Judge's Court') in S.C.No.209/2011 acquitting the accused Nos.1 and 2 of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as `the IPC').

2. The summary of the case of the prosecution as could be gathered from the materials placed before this Court is that the present appellant/complainant Smt. Nagamma had two sons by name Sri. Nagarajamurthy aged about 32 years (hereinafter for brevity referred to as the 'deceased') and Sri. Girish aged about 27 years. The said deceased was a Social Worker and was involved in all the social activities. On the date 05.03.2004 the said deceased was moving along with accused Nos.2 and 3 at about 10.00 p.m. in Megalapura Village of Malavalli Taluk. The said deceased was alleged to have established illicit relationship with accused No.1 - Smt. Sharadamma (hereinafter for brevity referred to as accused No.1) residing very near to his house in the same village. On the above mentioned fateful day, at night the said deceased was said to have been to the house of accused No.1. In the morning hours of 06.03.2004 at about 4.30 a.m. the said accused No.1 is said to have requested PW-3 - Puttaswamy, the elder brother of complainant - Nagamma, to help her to take the deceased to the hospital stating that he was not feeling well. The said accused No.1 accompanied by Puttaswamy shifted the injured in an auto rickshaw to Hospital at Malavalli, where the doctor after examining, declared him as brought dead.

3. Complainant Nagamma suspecting the foul play in the death of her son, filed a complaint which was registered in UDR No.4/2004 under Section 174 (c) of Cr.P.C. After alleging that investigation has been done in the matter, the police filed their final report opining that the death of deceased was due to respiratory failure as a result of alcohol intoxication. Accordingly, a B-final report was filed by them.

4. Being not happy with that the complainant preferred a private complaint under Section 200 of Cr.P.C. in P.C.R.

No.1/2007 before the learned Senior Civil Judge & JMFC, Malavalli. On recording the sworn statement, the learned Senior Civil Judge has registered a case in C.C.No.15/2011 and committed the case to the learned II Additional District and Sessions Judge, Mandya which was registered in S.C.No.209/2011.

5. The learned Sessions Judge framed the charge against accused Nos.1, 2 and 3 for the offence punishable under Section 302 read with Section 34 of IPC. All the three accused pleaded not guilty, however accused No.3 was reported to be dead on 24.08.2017, as such, case against accused No.3 came to be abated.

6. In order to prove the alleged guilt against the accused, the prosecution got examined seven (7) witnesses as PW-1 to PW-7, got produced and marked documents from Exs.P-1 to P.15 and got produced Material Objects MO-1 and MO -2. After recording the statement of accused under Section 313 of Cr.P.C. the accused No.1 got herself examined as DW-1. She also examined a witness from her side one Sri. Shivanna as DW-2, however, no documents were got marked from the accused side as exhibits.

7. After hearing both side, the Sessions Judge’s Court, by its judgment dated 22.03.2018 acquitted the accused of the offence punishable under Section 302 read with Section 34 of IPC. Being aggrieved by the impugned judgment of acquittal the complainant before the Sessions Judge’s Court (PW-2) has preferred the present appeal.

8. The appellant is represented by her learned counsel. Respondent/State is represented by the learned High Court Government Pleader. Respondents No.2 and 3 are represented by their