IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3^RD DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI CRIMINAL APPEAL NO.100392 OF 2023 (A)

BETWEEN:

THE STATE OF KARNATAKA REP. BY THE DEPUTY SUPERINTENDENT OF POLICE, DHARWAD RURAL SUB DIVISION, DHARWAD, THROUGH THE ADDL. STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

…APPELLANT (BY SRI. M.B. GUNDAWADE, ADDL. SPP., ADVOCATE)

AND:

1. VIJAYAKUMAR S/O SHIVANAND VITTHOJI AGE. 25 YEARS, OCC. AGRICULTURE R/O. ARAVATAGI, TQ. ALNAVAR, YASHAVANT DIST. DHARWAD-581103.

NARAYANKAR

2. SHRIDHAR S/O HANUMANTHAPPA HAJERI Digitally signed by YASHAVANT NARAYANKAR AGE. 31 YEARS, OCC. AGRICULTURE, Date: 2026.03.05

12:57:36 +0530 R/O. KUMBARKOPPA, TQ ALNAVAR, DIST. DHARWAD-581103.

…RESPONDENTS (BY SRI. K.L. PATIL, ADVOCATE)

THIS CRIMINAL APPEAL IS FILED U/SEC. 378(1) AND (3) OF CR.P.C., SEEKING TO GRANT LEAVE TO APPEAL AGAINST JUDGMENT AND ORDER OF ACQUITTAL DATED 15.11.2022, PASSED BY II ADDL. DISTRICT AND SESSIONS AND SPL. JUDGE, DHARWAD IN SPL.SC/ST.NO.20/2019 AND TO SET ASIDE THE JUDGMENT AND ORDER DATED 15.11.2022, PASSED BY II ADDL. DISTRICT AND SESSIONS AND SPL. JUDGE, DHARWAD IN SPL.SC/ST.NO.20/2019 AND TO CONVICT AND SENTENCE THE RESPONDENTS/ACCUSED FOR THE OFFENCES PUNISHABLE U/S 302 AND 201 R/W 34 AND 3(2)(v) SC/ST (PA) ACT AND SECTION 24 OF KARNATAKA FOREST ACT IN THE INTEREST OF JUSTICE.

THIS APPEAL, COMING ON FOR FURTEHR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)

Heard the learned Additional SPP, appearing on behalf of the appellant-State and also the learned counsel appearing for the respondent-accused.

2. This appeal is filed against judgment of acquittal dated 15.11.2022 passed by the II Additional District and Sessions and Special Judge, Dharwad (for short ‘the Trial Court’) in SPL.SC/ST.No.20/2019 and prays this Court to set aside the judgment of acquittal and convict the accused for the offence punishable under Sections 302 and 201 read with Section 34 of IPC and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section

24 of the Karnataka Forest Act.

3. The factual matrix of case of the prosecution is that, the death of Sanjay is homicidal and that on 19.03.2019 at about 05.00 p.m., in Government Forest Survey No.264 of Kumbarakappa village, these two accused persons, in furtherance of their common intention, have committed the murder of Sanjay by way of strangulating him with the help of towel and assaulting him with spade on his head. The accused having committed the murder, have destroyed the mobile phone of the deceased-Sanjay with an intention to destroy the prosecution evidence and the deceased-Sanjay was a Scheduled Tribe Community member and the accused persons without the permission of forest officials had trespassed into the reserved forest area and committed his murder a criminal case was registered against the accused persons invoking the offences under Section 302 and 201 read with Section 34 of IPC and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 24 of the Karnataka Forest Act.

4. The genesis of the crime is that the deceased-Sanjay was missing from 19.03.2019 and his family members made a search of the deceased, but he was not found and hence at the first instance missing complaint was given in terms of Ex.P.16. Thereafter, his dead body was recovered on 22.03.2019 i.e., on the next day of filing of missing complaint and again one more complaint was given in terms of Ex.P.1. Subsequently, the Investigating Officer has recorded the statement of the witnesses, who had last seen the deceased along with accused No.1 and 2, and arrested the accused No.1 and 2 and recovery of the s