STATE OF KARNATAKA Vs. SATNAM SINGH & ANR.

JUDGEMENT

(1.) This appeal arises out of the judgment of the High Court in which High Court reversed the verdict of conviction and acquitted the respondents-accused under Section 302 IPC.

(2.) Case of the prosecution is that on 16.06.2006 Jarnail Sing-complainant (PW-6) was celebrating the marriage of his sister at Gurunanak Jhira at Bidar. The respondents-accused viz. Satnam Singh(A-1) and Harmith Singh(A-2) are the brothers of the bridegroom and deceased - Sathvinder Singh is the brother of PW- 6. According to prosecution, at about 7.00 p.m. Sathvinder Singh went along with accused nos. 1 and 2 to watch cinema. At 10.00 p.m. only A-1 and A-2 returned and the deceased did not return. When PW-6 enquired about his brother with the accused persons, they told him that they do not know about the deceased. In the meantime, PW-6 came to know that a body was found on the road near Gurudwara and when he rushed to the spot and found his brother with multiple injuries on his body lying dead. On the complaint lodged by PW-6, the case was registered under Section 302 IPC.

(3.) The case of the prosecution rests on the circumstantial evidence namely:-