STATE OF KARNATAKA Vs. VASANTHA GOWDA

JUDGEMENT

(1.) THE State has filed this appeal under Section 378(1) and (3) of the Code of Criminal Procedure questioning the legality and correctness of the judgment dated 21.6.2008 passed in Session Case No.60/2008 on the file of the Presiding Officer, F.T.C. Mangalore, whereby the respondent -accused has been acquitted of the charges levelled against him for the offences punishable under Sections 302, 504, 307 and 326 of IPC.

(2.) THE facts which gave rise to this appeal in a nutshell are as under:

(3.) THE Investigating Officer PW -15 recorded the statement of the witnesses, conducted inquest panchanama, spot panchanama, seized the incriminating articles, subjected the deadbody for post mortem examination and after completing all other formalities of the investigation, filed a charge sheet against the accused for the offences punishable under Sections 302, 504, 307 and 326 of IPC before the jurisdictional Magistrate, who in turn committed the accused to the Sessions Judge. After committal, charges were framed against the accused person. The accused pleaded not guilty to all the charges leveled against him. The prosecution in order to establish the charges levelled against the accused person, examined as many as 17 witnesses as PWs.1 to 17 and marked 17 documents as per Exs.P -1 to P -17, apart from M.Os.1 to 10. During the cross examination of PW -1 and PW -2, the defence counsel got marked the portion of their statement as per Exs.D -1 to D -3. The statement of accused came to be recorded as required under Section 313 Cr.P.C. The accused denied all the incriminating material that surfaced against him in the evidence of prosecution witnesses. The accused did not choose to lead defence evidence.