LAWS(KAR)-2023-9-117

STATE Vs. RENUKA PRASAD

Decided On September 27, 2023
STATE Appellant
V/S
Renuka Prasad Respondents

JUDGEMENT

(1.) This is an appeal by the State against acquittal judgment passed by V Addl. Dist. and Sessions Judge, Dakshina Kannada, Sitting at Puttur (for short 'trial court'), in Sessions Case No. 152/2011. Respondents 1 to 7 faced trial for the offences punishable under Ss. 120-B, 109, 302 r/w 34 IPC.

(2.) A.S. Ramakrishna, the father of PW8-Vallish was killed in the incident that occurred at about 7.45 PM on 28/4/2011. The deceased Ramakrishna and PW8 were going for a walk everyday evening around 7.00 PM. On 28/4/2011, they went for a walk as usual and while returning home, as they came near Krishna Ayur Theraphy Clinic at about 7.45 PM, two persons suddenly came in front of them and inflicted severe blows to Ramakrishna with weapons. He sunk to ground. As PW8 hollered, a few passers by came there. The assailants fled that place. PW8 made a call to his house. Thereafter Ramakrishna was shifted to KVG Hospital where he succumbed to injuries around 8.40 PM. At 11.55 PM, PW8 made a report of the incident to the Police as per Ex.P.23. Registration of FIR in Crime No. 66/2011 was followed by investigation which led to chargesheeting all the respondents.

(3.) PW1 to 87 were the witnesses examined by the prosecution. Ex.P.1 to 119 were the documents and MOs 1 to 58 were the material objects relied on by the prosecution for establishing its case. The trial court found that the evidence placed by the prosecution would not lead to convict the accused and hence acquitted them of all the offences by the judgment impugned in this appeal.