Balakrishna and Others : Accused
v/s
State of Karnataka : Complainant
Brief Fact of the Case
Venkateshwara Temple where administrated by board of trustee of Sect. The board comprise 8 member including the chairman situated at Chamarajpet. On 11th April – 2016 in election of the board the Devaraj was elected as a newly chairman on 16th April – 2016 an agenda was circulated for meeting for the board of trustees to be held on 22nd April - 2016 where in proposed to discussion on audit and financial statement for the year 2015 – 16 of the board that move was not approval by the rival camp before this election accused No – 1 Balakrishna was a ex-chairman he was misappropriate the fund from the temple and accused No – 2 Veerappa is a Treasurer he was assistant the transaction of the administration. Accused No – 1 and 2 where feared being exposed of their misdeed and maladministration they plan to kidnap and murder Devaraj. They hired three goons for the offence.
On 3rd May - 2016 Devaraj went missing from the temple premises and he did not return to home. After searching every where Devaraj brothers Ramamurthy lodged complaint about sudden disappearance. Based on the complaint police officer investigated the case. On 4th May - 2016 police have got the wireless message some body found near Jnanabharathi interior area. With help of Jnanabharathi police they went to the spot and found the burnt and decomposed body of deceased further identification of the deceased body they took some blood stein and DNA sample sent to the post mortem. During the investigation police officer arrested five person on the suspection under section 302, 364, 120B 201read with 34 of IPC
ISSUES
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Whether prosecution proves that accused had a intention to murder deceased?
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Whether Prosecutor proves that circumstance evidence proves the commission of offence?
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Whether prosecution proves that screening the evidence of deceased body?
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Whether prosecution proves that accused No 1 and 2 hired the goons for the said commission?
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What is Order?
