STATE OF KARNATAKA BY MADIKERI RURAL POLICE STATION Vs. NIDYAMALE POOVAIAH, S/O LATE MUTHANNA AND OTHERS

JUDGEMENT

(1.) THIS appeal has been filed by the State challenging the judgment dated 23.07.2004 passed by the District and Sessions Judge, Kodagu in S.C. No. 99/1996 acquitting the Respondents for the offence under Section 143, 147 and 302 IPC r/w Section 149 of IPC and under Sections 3 and 25 of the Indian Arms Act.

(2.) PARTIES in this case are referred to according to their ranking before the trial Court.

(3.) THE prosecution in order to prove the case has examined in all 18 witnesses and got marked Exs. 1 to P22 and produced MOs - 1 to 12. The defence of the accused was one of total denial. However, they have got marked Exs. D1 to D7 being the portions contained in the complaint given by the wife of the deceased and the portions in the statement of FW -15 who is the daughter of the deceased. The Court has got marked Ex. C -1 being the portion of the complaint of PW -3. However, after hearing the prosecution and the defence, the learned Sessions Judge arrived at a conclusion that the evidence tendered by the prosecution does not inspire confidence in the mind of the Court and there is no corroborative, oral, documentary, cogent and convincing evidence led by the prosecution and hence, the accused are acquitted The State has filed this appeal.