STATE OF KARNATAKA Vs. SATISHA AND ORS

JUDGEMENT

(1.) This appeal is filed by the State against the judgment and order of acquittal passed by the Addl. Sessions Judge, Mandya, in S.C.No.37/2006. The respondents herein and another accused (accused No.4) namely K.Kumar were charged for the offences under sections 120B, 302 and 201 read with Section 34 of IPC. All the four accused are acquitted by the impugned judgment. The State has chosen to file appeal only against accused Nos.1 to 3. Consequently the acquittal of accused No.4 has remained unchallenged and the same has attained finality.

(2.) The case of the prosecution in brief is that the deceased is the husband of PW2 Geetha. The deceased Krishnegowda, was found missing since 7.00 p.m. on 04.09.2005. PW2 lodged missing complaint before Bellur Police, alleging missing of her husband since 04.09.2005 as per Ex.P5. In the said complaint, it is mentioned that about 7.00 p.m. the first accused came to the house and asked the deceased to accompany him and accordingly the deceased left the house with accused No.1; after an hour later, the first accused once again came to the house of the deceased and asked PW2 whether the deceased was in the house, for which, she told him that the deceased had left the house with accused No.1 himself and had not returned since then. Based on the said complaint Ex.P5, Crime No.97/2005 was registered at 2.00 p.m. on 07.09.2005.

(3.) In order to prove its case the prosecution in all examined 23 witnesses and got marked 38 exhibits and 11 material objects. On behalf of the accused, three exhibits were marked. However, no oral evidence was let in. The Trial Court by giving benefit of doubt in favour of the accused, acquitted them.