STATE BY YADGIR RURAL POLICE STATION Vs. SANNAABANNA

JUDGEMENT

(1.) The State represented by Yadgiri Rural Police Station filed this appeal under Section 378 of the Code of Criminal Procedure against the judgment of acquittal in S.C. No. 43/2010 on the file of the District and Sessions Judge, Yadgiri, whereby the learned Sessions Judge found the respondent-accused not guilty of the offences under Sections 504 and 302 IPC and was accordingly acquitted under Section 235 Clause (1) Cr.P.C. The prosecution case in brief is as follows:

(2.) Fw8 informed the complainant that a person is sitting on the bund of a Tank holding broken handle of axe. Immediately, the complainant, Bannappa and others went to the said person sitting on the tank and enquired him. He disclosed his name as Sannabasanna, S/o Maragappa Kakera of Village Tatalagera and informed them that he himself killed the deceased Shekappa with the very same axe and he has thrown the remaining portion of the axe on the tent of a nearby shop and that he was holding the broken piece of the handle of the axe and thereafter he pushed all of them and went away. Thereafter, PW1 Sannagundamallappa, father of the complainant lodged complaint before the Inspector of Police Rural P.S., which is registered as Crime No. 15/2009 under Section 302 IPC.

(3.) The Inspector of Police took up further investigation in this case. He secured the presence of the panch witnesses, conducted inquest over the dead body of the deceased and apprehended the accused and recovered the broken handle under the seizure panchanama in the presence of the panch witnesses. After completion of investigation, he filed charge sheet against the respondent-accused.