STATE OF KARNATAKA Vs. M YELLAPPA

JUDGEMENT

(1.) This appeal is by the State in challenge of an order by reversing an order of conviction passed on the respondent - M. Yellappa, for the offence under Section 302 of the Indian Penal Code. Respondent is alleged to have murdered his wife by breaking the skull with a grinding stone.

(2.) The trial court convicted him, entirely basing on the First Information Statement lodged by the respondent himself. The high Court has eschewed that statement from evidence as it contains only the confessional statement made by the accused. As the High Court did not come across any other material, not even a circumstance incriminating the respondent, the High Court was forced to set aside the conviction and sentence and acquitted the respondent.

(3.) Mr. Sanjay R. Hegde, learned standing counsel for the State of Karnataka made an attempt to vivisect the inculpatory portion from the exculpatory part contained in the First Information Statement allegedly made by the respondent, in order to build up a case against the respondent. But the statement contained in the F. I. R. is a narration starting with one sentence and followed by the others. It is an extremely difficult exercise to pick out the admissible portion from the F. I. R. after spurning down the inadmissible portions therefrom. Law on that point has been laid down by a Three Judge Bench of this Court in Aghnoo Nagesia v. State of Bihar [1966 (1) S. C. R. 134] as under: