STATE OF KARNATAKA Vs. K SURESH GOWDA

JUDGEMENT

(1.) This appeal is filed by the State challenging the Judgment dated 25.6.2007 passed by the III Addl. District & Sessions Judge, D.K., Mangalore in S.C.No.108/2003, acquitting the respondent/accused of an offence under Section 302 IPC. The parties have been referred according to their rank before the trial Court.

(2.) It is the case of the prosecution that on 14.8.2003, at about 1.30 p.m. at Arthipadavu in Balnadu Village of Puttur Taluk on the public road leading from Balnadu padavu- Vittala Mundoor, while proceeding as a pillion rider on motor cycle bearing No.KA-19K-536 driven by the deceased Surendra, the accused stabbed the deceased by means of Koli Balu (a small knife used during cock fighting in D.K. District) and inflicted multiple stab injuries on different parts of the body of deceased Surendra and caused his instant death, thereby the accused is alleged to have committed an offence under Sec. 302 IPC.

(3.) In order to prove the case, the prosecution has examined in all 28 witnesses and got marked documents Exs.P1 to P77 and produced Mos.1 to 13. The defence of the accused was one of total denial. After hearing the prosecution and the witnesses, the learned Sessions Judge was pleased to hold that the prosecution has not been successful in proving the guilt of the accused beyond reasonable doubt and hence recorded an order of acquittal. The State has challenged this order of acquittal in this appeal.