STATE OF KARNATAKA Vs. MUKKANNA ALIAS RAMESH

JUDGEMENT

(1.) THE State is in appeal assai ling the judgment passed in S.C.No.85/2012. By the judgment dated 15.7.2013, the District and Sessions Judge, Koppal, has acquitted the accused Nos.1 to 3 of the offences al leged against them under Section 302, 114 read with Section 34 of IPC.

(2.) IN respect of the al leged of fences which had occurred on 23.5.2012, the accused Nos.1 to 3 were charge sheeted on 16.8.2012. The case of the prosecution is that the 1st accused was having an af fair with Nagamma the deceased after she had deserted her husband. Since he had stealthily married her, she was pressing that the marriage be made publ ic. It is in that regard there were dif ferences between the 1st accused and the said Nagamma. When Nagamma is stated to have visited the house of the accused persons on 23.5.2012 contending that she be recognized as the wi fe, the accused No.1 is stated to have uttered that he would ki ll her, on that day which was instigated by the 2nd and 3rd accused. It is based on such al legation the case had been registered and the proceedings had been initiated and charge sheet was fi led. The dying declaration of the deceased is also stated to have been recorded as at Ex.P.11.

(3.) THE prosecution, in an attempt to prove the case had examined the witnesses at PWs.1 to 16 and the documents at Exs.P.1 to P.14 were exhibited and the MO.1 was produced. The documents produced in defence were marked as Exs.D.1 to D.3. The Court below whi le referring to the evidence tendered and on analysing the same, keeping in view the legal position has arrived at the conclusion that the charge framed against the accused has not been proved beyond reasonable doubt.