Sunder, the deceased has gone from Hyderabad to Sagar on being asked by his uncle Prahlad (PW.1) to collect the outstanding dues in respect of sale and purchase of ginger from K.B. Sreenath (PW.2) and K.S. Kiran (PW.12). As Sunder did not return, Prahlad got worried and contacted K.B. Sreenath and K.S. Kiran to find out the whereabouts of Sunder. Both K.B. Sreenath and K.S. Kiran informed Prahlad that Sunder had collected Rs. 2,50,000/- and Rs. 1,50,000/- respectively from them at about 12.30p.m. on 7.8.2005 and left for Hyderabad. Prahlad contacted all his relatives and friends to find out the whereabouts of Sunder but in vain.
K.B. Sreenath and K.S. Kiran filed a complaint FIR No. 148/2005 (Ex.P-84) at the Police Station, Sagar against unnamed persons suspecting that Sunder might have been kidnapped. In the mean while there were rumours at Hyderabad that the appellants had looted the money and killed Sunder as some persons i.e. Nagesh (PW.4); Sirajuddin (PW.5); Nagendra (PW.3); and Chandrashekar (PW.6) had come forward and informed that they had seen Sagar, the deceased in the company 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 Musheerabad. The Police tried to trace Sunder as well as the appellants. It came to the knowledge of the investigating agency that the deceased was seen in the company of the appellants in a Maruti van bearing Registration No.AP22-4958 on which “god is great” had been written on the rear side. Thus, the Investigating Officer tried to search for the said vehicle and came to know that it belongs to Jayanna alias P. Aya (A.3).
The location of mobile phone of Jayanna alias P.Aya was put on surveillance/watch and thereby he was arrested on 12.8.2005 at Hyderabad and on the same day Rafiq alias Munna (A.2) was arrested by a separate team of police at Vizag from the house of Felix D’Costa (PW.10). Raghava (A.1) surrendered before the police on the same day. They made certain voluntary statements, on the basis whereof, recoveries were made. Jayanna alias P.Aya took the police and others persons (recovery witnesses) to the forest area and pointed out to a place wherefrom the dead body was exhumated. Only the trunk of the body was found as the head had been chopped off and thrown and where about are not known . Prahlad, Srinivasa (PW.15), Shivananda (PW.16), Devaraja (PW.17) and K. Keshavamurthy (PW.22) witnessed the said recovery and identified the corpse. However, in spite of the desperate intensive efforts made by the police, the head could not be recovered. Immediately thereafter recovery of most of the looted amount had been made from the appellants. A mobile phone belonging to Jayanna alias P. Aya purchased from the loot amount was also recovered. A gold ring belonging to the deceased was given to the Investigating Officer by Felix D’ Costa from whose house Rafiq had been arrested in Vizag.
After completing the investigation charge-sheet was field against the appellants and commenced trail.
In the court Nagesh and Chandrashekar corroborated the prosecution case to the extent that they had seen the deceased in the company of all the three appellants on 8.8.2005 at about 12.45 p.m. Pranesh (PW.11) and Sadananda (PW.13) supported the case of extra-judicial confession as made by Raghava before (PW.11). A.1 had also approached PW.13 for help to contact the police and disclosed that he had committed the murder of Sunder along with Rafiq and Jayanna alias P.Aya .
Recovery of the dead body was supported by Shivananda and Devaraja. K.B. Sreenath and K.S. Kiran had supported the prosecution case deposing about payment of money to Sunder on 8.8.2005 at about 12.45 p.m. to the tune of Rs. 4,00,000/-. The issue of motive was proved by Prahlad, K.B. Sreenath, Felix D’Costa, Pranesh, K.S. Kiran and Sadananda. The dead body was identified and the evidence in respect of recovery of the dead body was given by PWs.1 and 22. The same stood affirmed by the report of the DNA test. 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.
On the basis of the above, the Trail Court convicted and sentenced the appellants under Section 364, 302,201 read with Section 34, IPC. No conviction was made under Sections 120A or 120B, IPC because it was not proved.
Aggrieved by this, the appellants preferred an appeal before the High Court which have been dismissed and confirmed the lower court judgment. Hence appellants filed an appeal before this Moot Court.
Grounds for Appeal
1. Whether all the accused are having common intention.
2. Whether they had intention to murder
3. Whether taking the deceased amount to abduction
4. Whether is there disappearance of evidence of offence?
5. Whether circumstantial evidence admissible.
Is this a query or a riddle? If a query, be precise with facts.
