STATE OF KARNATAKA Vs. RAJA ALIAS CHIKKEGOWDA

JUDGEMENT

(1.) THIS appeal filed by the State under Section 378(1) & (3) of Cr.P.C. is directed against the judgment and order dated 05.10.2009 passed by the Presiding Officer, FTC -VIII, Bangalore City, in S.C. No.449/2005, acquitting the respondent -sole accused of the charges levelled against him for the offences punishable under Section 302 & 201 of IPC.

(2.) THE case of the prosecution as projected before the trial court was as under: -

(3.) DURING investigation, it was revealed that the dead body found inside the room of the service station was not that of the accused Raja, but it was that of Satish, the step -brother of PW.6 and son of PW.5 -Boregowda. Thereafter, the buried dead body was exhumed under the supervision of PW.10 -Sreekanth Swamy, the Tahsildar and Executive Magistrate and the remnants of the dead body were collected and subjected to DNA test, which revealed that the dead body was that of deceased Satish, son of PW.5. During investigation since it was revealed that the deceased Satish was last seen alive in the company of the accused Raja, the Investigating Officer apprehended the accused and at his instance, recovered his blood -stained clothes kept inside the room in service station as also the key of the room kept therein. Later the accused was subjected to judicial custody. On completion of investigation, the Investigating Officer laid the charge sheet.