Case Note & Summary
The present matters are two criminal appeals filed against the judgment of acquittal rendered by the Additional District and Sessions Judge, Udupi (sitting at Kundapura) in Sessions Case No.04/2014 dated 11th May 2017, whereby the accused were acquitted of offences under Sections 143, 144, 147, 148, 341, 302, 201 read with Section 149 of the Indian Penal Code, 1860. The first appeal, Criminal Appeal No.1436/2017, was preferred by Smt. Shrungeshwari Adiga, the mother of the deceased, who was the complainant in the case. The second appeal, Criminal Appeal No.1699/2017, was filed by the State of Karnataka. Both appeals were heard together and disposed of by this common judgment. The prosecution case revolved around a long-standing enmity between the deceased, Vasudeva Adiga, and accused No.1, Ramesh Bairy, an astrologist and palmist residing in Vandaru village, Kundapura Taluk. The enmity stemmed from disputes over landed property bearing Survey Nos.30/7P1, 1/1B and 103/1 situated in the same village. Several civil litigations had been fought between the families over generations. Ultimately, Vasudeva Adiga succeeded in obtaining a decree for possession of the disputed lands, and an order for handing over possession was passed by the civil court. However, accused No.1 refused to vacate and faced various setbacks including humiliation and depression. Additionally, multiple criminal cases were initiated against accused No.1 by the deceased, including one for cutting public trees to widen a road, which led to a forest department inquiry and fine. Accused No.2, Subramanya Udupa, was the brother-in-law of accused No.1 and also an astrologer/palmist based in Bengaluru. Accused No.3, Umesh, was a disciple/follower of accused Nos.1 and 2. The prosecution alleged that accused Nos.1 to 3 hatched a criminal conspiracy on 13th July 2012 and again on 4th January 2013 to eliminate Vasudeva Adiga. Accused No.3 further contacted accused Nos.4 to 8, all residents of Bengaluru, and briefed them about the plan. On 4th January 2013, accused Nos.1 and 3 to 8 met and finalized the conspiracy. Accused No.1 arranged photographs of the deceased to be sent to accused No.3 for identification. On 7th January 2013, accused Nos.3 to 8 travelled from Bengaluru in two vehicles — a Safari (KA-04-MD-7080) and a Scorpio (KA-05-MD-7934) — passing through Tumkur Toll Gate and proceeding towards Vandaru village. Accused No.1 also left his house that morning on the pretext of visiting his sister but met the other accused at Kalmani cross to further discuss the plan. They arrived at Vandaru village around 8:30 p.m. It was alleged that the accused, armed with deadly weapons like an iron jack lever and wooden cudgel, intercepted the deceased who was returning home on his motorcycle bearing Registration No.KA-05-A-596. Accused No.4 threw a rope around the deceased’s neck and pulled him off the motorcycle. When the deceased fell, accused No.3 assaulted him on the head with the iron jack lever. Accused Nos.6, 7, and 8 held the deceased firmly, while accused No.5 attacked him with a wooden cudgel on the head. Accused Nos.3 and 4 then pulled the rope tightly around his neck, causing asphyxia and death. After the murder, accused Nos.3 to 8 placed the body in the Scorpio vehicle and drove to Madagada open tank in Yemmedoddi, Kadoor Taluk, Chikkamagaluru District, where they tied a 20 kg stone to the body and threw it into the tank to sink it. When the deceased did not return home, his mother lodged a missing complaint. The trial court acquitted all accused after a full trial. The High Court heard arguments from both sides but the final decision is not stated in the provided portion of the judgment.
Issue of Consideration
KAHC010496092017_1
