R VIJAYAKUMAR Vs. STATE

JUDGEMENT

(1.) the accused was convicted by the trial court under Section 302 IPC and sentenced to imprisonment for life and also to pay a fine of Rs. 1,000/- with default sentence. He had challenged this judgment of conviction in this appeal.

(2.) the facts are brief and simple. It was P.W. 13 who set the law in motion by filing a complaint at the mahadevapura police station at 11.15 p.m. on 27-9-1991 that on the night of 27-9-1991 when he was sleeping in his house, his acquaintances ramachandra and muniraju approached him at 10.45 p.m. and told that the deceased basavaradhya employed in the telephone factory was lying in a pool of blood near a certain hotel shameer in mahadevapura and having gone there he saw the injured basavaradhya struggling for life. Even before he could be shifted for treatment, he breathed his last. He complained that some unknown persons had stabbed him and escaped. This was received by P.W. 21 the a.s.i. incharge of the police station at 11 p.m. on which he registered a case under Section 302 IPC. Cpi P.W. 22 took over investigation, held inquest over the dead body, examined some of the witnesses, arrested the accused on 10-10-1991, seized the knife said to have been used for the commission of the offence and on completion of due investigation, filed charge sheet against the accused. P.w. 4 turned out to be an eye witness to the incident but he did not support the prosecution. The trial court relying on various circumstances found the accused guilty, convicted and sentenced him as aforesaid.

(3.) on behalf of the appellant, it is contended that the trial court has grossly erred in finding the accused guilty where practically there is no evidence at all on any of the points relied upon by the prosecution. Eye witness did not support the prosecution case. There is no evidence worthy of reliance that the accused and the deceased were last seen together and even on the point of recovery there is no uniform evidence.