STATE Vs. CHANNAIAH

JUDGEMENT

(1.) THE State Government has assailed the acquittal of accused 1 and 2 by the trial court on the ground that the chain of circumstances in this case leads to the irresistible conclusion, that accused 1 and 2 were the persons responsible for the murder of Channakeshava, whose body was found at Air Force Firing Range at Jalahalli, on the morning of 17-3-2001.

(2.) THE trial court after very elaborate analysis, first of the law and then of each of the circumstances, recorded a conclusion that the guilt of the accused said to have been not established and therefore acquitted them and the learned Addl. SPP, who appears in support of this appeal, had taken us through the record circumstance by circumstance. His submission is that the evidence conclusively establishes that the accused had taken substantial loan of Rs. 75,000/- from the deceased. When he had asked for repayment of the amount the situation got unpleasant and since the prosecution has established through evidence the nature of the transaction, that the motive for the murder stands established. All that we wish to add is that it could certainly provide a certain possible motive.

(3.) THE learned counsel then submitted that the recovery of the knife is the conclusive circumstance against accused 1 and 2. It is true that a knife has been recovered, but the supportive evidence in this regard is relatively weak and more importantly, that evidence is not of much consequence because no blood stains or incriminating materials are found on that weapon and consequently, if this is to be used as an incriminating circumstance, something more would have to be established by the prosecution.