STATE OF KARNATAKA Vs. CHAND BASHA

JUDGEMENT

(1.) This appeal, by special leave, has been directed against the judgment and order dated 1st March, 2007 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. 1047/2003, whereby the High Court allowed the criminal appeal filed by the respondent herein and acquitted him.

(2.) The brief facts necessary to dispose of this appeal are that one Ganesh, a daily-wage mason, went missing on 16.01.2001. On 20.01.2001, PW1 D. Ramu, Dhobi by profession, saw a dead body floating in a well near the Dhobi Ghat with hands tied at the back and the ankles were also tied. The police recovered the dead body, shifted it to Bowring Hospital Mortuary and thereafter published the photograph of the dead body in the newspaper. From this photograph, PW3 father of the deceased, reached the Bowring Hospital and identified the body as that of his son Ganesh. PW1 lodged a complaint with K.G. Halli Police Station and investigation started, and from the apprehension of PW3, accused Chand Basha was arrested on 23.01.2001. The investigation revealed that on 17.01.2001, PW12 (Appu) told PW3 that his son had gone to a wet party with the accused on 16.01.2001. The said wet party took place at Sindhur Bar at Lingarajapuram. PW5 (the bar-boy) and PW6 (owner of the bar) testified that on 16.01.2001, the accused along with one other person visited their bar. Building further, the investigation came across with PW8 (shopkeeper) who testified that the accused along with one other person bought 2 cigarettes from his shop on 16.01.2001 at 10 p.m., and the accused thereafter was arrested on 23.01.2001, but the deceased was never seen alive again.

(3.) Police filed the charge sheet against accused Chand Basha, after which charges for offence punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") were framed by the Trial Court and the charges were read over and explained to the accused but he pleaded not guilty and claimed trial.