SATHISHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE State has preferred this appeal being aggrieved by the order of acquittal dated 7-2-2002 passed by the II Additional District and Sessions Judge, Bangalore Rural District, Bangalore, in S.C.No.305 of 1999, wherein the respondent herein has been acquitted for the offences leveled against him and punishable under Section 302 of the Indian Penal Code, 1860.

(2.) THE facts leading to this case are as hereunder. Charge-sheet was filed by Kodihalli Police for the offence punishable under Section 302 read with Section 34 of IPC against the respondent and also one Shivanna, who was arrayed s A1, alleging that on 21-8-1998 at about 11.00 a.m. the accused, with an intention to murder one Karigowda with two choppers held by each of them, went near Sri Anjaneya Swamy Temple at Kadashivanahalli. When Karigowda was teathering his bullocks, A1-Shivanna assaulted on the back of deceased Karigowda with a chopper and later on the respondent-Ulle, shouting that he has not died, assaulted 3 or 4 times with his chopper, as a result of which karigowda died on the spot. THE wife of the deceased lodged complaint before Kodihalli Police on the same day evening. Later on, the matter was investigated by Kodihalli Police and it was committed by Judicial Magistrate First Class to the Court of Sessions. THE respondent-accused did not plead guilty. THE case was tried against the respondent alone since A1 was absconding. THE prosecution, in order to prove its case, examined in all 19 witnesses as P.Ws. 1 to 19 and relied upon Exs. P.1 to P.14 and material objects marked as M.O.Nos.1 to 7. THE Trial Court after appreciating the evidence adduced by the parties and after hearing the learned Counsel appearing for both the parties, formulated the following point for its consideration:

(3.) LEARNED Counsel appearing for the respondent contends that the Trial Court is justified in acquitting the respondent. According to her, no error is committed by the Trial Court in appreciating the evidence of P.W.4-Shivane Gowda and that subsequent to the judgment of the Sessions Court, a separate case was registered against A1-Shivanna and he has been acquitted by the Sessions Court in S.C.No.50 of 2005 on 15-7-2008. She further states that against the order of acquittal passed against A1, the State has not chosen to prefer any appeal and that the order of acquittal passed against A1 has become final. Therefore, she says that the present appeal has to be dismissed solely on this ground. She further says there is no corroboration in the evidence let in by the prosecution.