STATE OF KARNATAKA Vs. M. SHAHEERA AND OTHERS

JUDGEMENT

(1.) THE respondents -accused Nos. 1 to 3 were tried for the charge levelled against them for the offence punishable under Section 302 IPC, before the District and Sessions Judge, Kodagu, Madikeri in S.C. No. 28/2002. After the trial, they were acquitted by the Learned Sessions Judge. Aggrieved by this, the State is in appeal before this Court.

(2.) THE case of the prosecution in brief is as under:

(3.) AFTER hearing both sides and on assessment of the oral and documentary evidence, the learned Sessions Judge by the judgment under appeal held that the prosecution has failed to prove the various circumstances relied upon by it to connect the accused to the death of the deceased and, therefore, the guilt of the accused for the charge levelled against them for the offence punishable under Section 302 read with Section 34 IPC is not established beyond reasonable doubt. Consequently, the accused were acquitted. Being aggrieved by the judgment of acquittal, the State is in appeal.