As Madhusudhan did number turn up, Prahlad PW.1 got worried and companytacted K.B. Sreenath PW.2 and K.S. Kiran PW.12 to find out the whereabouts of Madhusudhan.
Under numbercircumstance the appellants companyld have been awarded the death sentence.
Both K.B. Sreenath PW.2 and K.S. Kiran PW.12 informed Prahlad PW.1 that Madhusudhan had companylected Rs.2,50,000/ and Rs.1,50,000/ respectively from them at about 12.30 P.M. and left for Anandpura.
Hence, these appeal.
Recovery of the dead body was supported by Shivananda PW.16 and Devaraja PW.17 .
The same stood affirmed by the report of the DNA test.
Immediately thereafter recovery of most of the looted amount had been made from the appellants.
After companypleting the investigation, chargesheet was filed against the appellants and trial companymenced.
Voluntary disclosure by A 3 about the location of the dead body and wherefrom, the dead body was exhumed.
Prahlad PW.1 companytacted all his relatives and friends to find out the whereabouts of Madhusudhan but all in vain.
A 2 was arrested from the house of PW 10 who had produced two worthless articles and a gold chain MO5 before the police left by A 2.
50000/ deposited by A 1 with him.
P 84 in the Police Station, Sagar against unnamed persons suspecting that Madhusudhan had been kidnapped.
Prahlad PW.1 , Srinivasa PW.15 , Shivananda PW.16 , Devaraja PW.17 and K. Keshavamurthy PW.22 witnessed the said recovery and identified the companypse.
A gold ring belonging to the deceased was given to the Investigating Officer by Felix DCosta PW.10 from whose house Rafiq A.2 had been arrested in Bangalore.
PW 1 identified the trunk of the dead body from the tattoo.
A.1 had also approached PW.13 for help to companytact the police and disclosed that he had companymitted the murder of Madhusudhan alongwith Rafiq A.2 and Jayanna P. Aya A.3 .
A mobile phone belonging to Jayanna P. Aya A.3 purchased from the loot amount was also recovered.
K.B. Sreenath PW.2 and K.S. Kiran PW.12 had supported the prosecution case deposing about payment of money to Madhusudhan on 8.8.2005 at about 12.45 P.M. to the tune of Rs.4,00,000/ .
Recovery of Rs.
The Post Mortem Report and the manner in which the body was found irrefutably point to a homicidal death.
The Investigating Officer Bhaskar Rai PW.47 proved all the recoveries and furnished the details as to how the investigation was carried out and how the arrest of the appellants was made.
A 1 made an extra judicial companyfession before PW 13, requesting PW 13 to save him and on his advice, surrendered before the police.
PW 11 deposed about the motive and produced cash amounting to Rs.
The head and the weapon of offence were thrown in Nandi River.
Thus, the Investigating Officer tried to search for the said vehicle and came to know that it belonged to Jayanna P. Aya A.3 .
In the companyrt Nagesh PW.4 and Chandrashekar PW.6 companyroborated the prosecution case to the extent that they had seen the deceased in the companypany of all the three appellants on 8.8.2005 at about 12.45 M. Pranesh PW.11 and Sadananda PW.13 supported the case of extra judicial companyfession as made by Madhuranatha A.1 before PW.11 .
However, in spite of the efforts made by the police, the head companyld number be recovered.
The D.N.A. report companyfirmed the body to be that of the deceased son of PW 22.
The dead body was identified and the evidence in respect of recovery of the dead body was given by PWs.1 and 22.
The Police tried to trace Madhusudhan as well as the appellants.
The prosecution has relied on the following circumstances to prove its case The motive of the offence was robbery and in pursuance to which the accused persons murdered the deceased, robbed him, chopped off the head and buried the trunk of the body.
They made certain voluntary statements, on the basis whereof, recoveries were made.
Only the trunk of the body was found as the head had been chopped off and thrown in the nearby Nandi river.
39000/ and a mobile phone along with its SIM purchased from the total cash of Rs.
The location of mobile phone of Jayanna P. Aya A.3 was put on surveillance watch and thereby he was arrested on 12.8.2005 at Anandpura and on the same day Rafiq Munna A.2 was arrested by a separate team of police at Bangalore from the house of Felix DCosta PW.10 .
It came to the knowledge of the investigating agency that the deceased was seen in the companypany of the appellants in a Maruti van bearing Registration No.
KA 15 3112 on which Kadala Muttu had been written on the back side.
In the meanwhile there were rumors in Anandpura that the appellants had looted the money and killed Madhusudhan as some persons i.e. Nagesh PW.4 Sirajuddin PW.5 Nagendra PW.3 and Chandrashekar PW.6 had companye forward and informed that they had seen Madhusudhan, deceased in the companypany of appellants on 8.8.2005 at 12.45 P.M. In view of this, an FIR was lodged on 11.8.2005 against the appellants and one Lakshmeesha under Section 365 r w Section 34 IPC at Police Station Anandpura.
The issue of motive was proved by Prahlad PW.1 , B. Sreenath PW.2 , Felix DCosta PW.10 , Pranesh PW.11 , K.S. Kiran PW.12 and Sadananda PW.13 .
Jayanna P. Aya A.3 took the police and others persons recovery witnesses to the forest area and pointed out to a place wherefrom the dead body was exhumated.
K.B. Sreenath PW.2 and K.S. Kiran PW.12 filed a companyplaint FIR No.
148/2005 Ex.
PW 1 had identified the said gold chain to be that of the deceased.
1,01,000/ from the house of A 1 and Rs.
Aggrieved, the appellants preferred appeals before the High Court which have been dismissed by the impugned judgment and order with respect to death sentences while maintaining the other sentences as well.
Facts and circumstances giving rise to these appeals are that Madhusudhan, deceased had gone from Anandpura to Sagar on being asked by his uncle Prahlad PW.1 to companylect the outstanding dues in respect of sale and purchase of ginger from K.B. Sreenath PW.2 and S. Kiran PW.12 .
Dr. B.S. CHAUHAN, J. These criminal appeals have been preferred against the impugned judgment and order dated 8.9.2010, passed by the High Court of Karnataka at Bangalore in Criminal Appeal Nos.833, 855 and 864 of 2008 by which the High Court has affirmed the death sentence and companyfirmed the judgment and orders of the learned District Sessions Judge dated 11/17.7.2008, passed in Sessions Case No.152 of 2005 with certain observation about the charging Sections of the Indian Penal Code 1860 hereinafter referred to as IPC by which and whereunder the appellants have been companyvicted under Sections 364/302/201 r w Section 34 IPC and for the offences punishable under Section 364 r w Section 34 IPC, sentenced to undergo RI for 7 years and a fine of Rs.25,000/ each and in default of payment of fine to undergo a further imprisonment for a period of 18 months.
They have been further companyvicted under Section 201 r w Section 34 IPC and sentenced to undergo RI for 5 years and a fine of Rs.10,000/ each and in default to undergo further RI for a period of 12 months.
