STATE Vs. G VISHWANATH S/O LATE RAMAPPA

JUDGEMENT

(1.) The judgment and order of acquittal passed by the Sessions Court, Davanagere in S.C.No.08/2007 is called in question by the State. The accused was charged, tried and acquitted for the offences punishable under Sections 376 and 302 of IPC.

(2.) The case of the prosecution in brief is that the grandfather of the deceased(father's father of the deceased) and father of the accused are brothers i.e., accused is the uncle of the deceased. Accused is a teacher by profession and he is aged about 45 years. The victim was aged about 19 years at the time of accident.

(3.) After completion of investigation, police laid charge-sheet against the accused for the offences under Sections 376 and 302 of IPC. It is relevant to note that accused was very much present at the time of inquest panchanama, scene of offence panchanama and burial of the deadbody. He was not suspected in the complaint, while lodging the complaint by the complainant. The complainant is none other the father of the deceased.