STATE OF KARNATAKA Vs. P. NAGARJAN

JUDGEMENT

(1.) Heard the learned Government Pleader.

(2.) The State is in appeal challenging the acquittal of the accused in the following circumstances:

(3.) It is seen from the plain reading of the judgment of the court below that the evidence has been analyzed thoroughly in arriving at a finding to the effect that no independent witness was examined to show that the accused had removed the railway material and carried out of the premises of railways and even the mahazar was not drawn outside the premises, as to the seizure was made in a scrap shop, as to the seizure of material objects and that there was doubt as to the manner in which the circumstances under which the railway materials were seized. It is further observed that even the possession of railway materials with the accused and that it is an unlawful possession and that it was stolen from the stores, are not established beyond reasonable doubt. It is not necessary to repeat the reasoning of the court below with reference to the particular testimony of a particular witness. Suffice to state, on a plain reading, this court is fully satisfied to the manner in which the court below has addressed the case and has arrived at a conclusion that the prosecution had failed to establish its case beyond all reasonable doubt. Though several grounds are raised in this appeal questioning the findings of the court below, they are mechanically recited and do not indicate any material. Accordingly the appeal is rejected.