STATE OF KARNATAKA Vs. SIDDARAJU

JUDGEMENT

(1.) THE respondent (accused) was tried for offences punishable under Sections 457 and 380 IPC, on the allegations that on 23.10.2004 during night, committed a house breaking to commit theft of a pair of gold ear studs and a sum of Rs. 1,000/ - from the house of PW4 -Raju in Nagarathnamma Layout of Gundlupet town. The first information of incident of house breaking and theft was lodged on the following day. The accused was arrested during intervening night of 8/9 -2 -2005. On the voluntary statement given by accused, stolen properties were recovered and they were identified by the first informant. The learned Trial Judge has disbelieved the evidence relating to recovery of stolen property and voluntary statement given by accused and acquitted accused. Therefore, State is before this Court.

(2.) I have heard learned Government Advocate for State and learned counsel for accused.

(3.) IT is proved from the evidence of PW4 that there was theft of gold ear studs and cash from his house and the theft was committed by breaking the house of PW4. PW4 had lodged first information against unknown persons. The evidence of PW4 cannot be suspected.