STATE OF KARNATAKA Vs. SHASHIDHARA

JUDGEMENT

(1.) THE State has challenged the judgment and order acquitting the respondent for the charge under Section 328 IPC on a trial held by the Sessions Judge, Puttur.

(2.) THE prosecution case reveals that the respondent -accused before the Trial Court returned to his native place on 16.11.2010 and went to the house of P.W. 1 - Hemavathi with a cake and after administering the poison in the said cake gave the cake stating that it is delicious and brought from Bangalore. The portion of it was eaten by the victim and he entered into a conversation with her, she became semi -unconscious, her gold ornaments were removed by the respondent and ultimately, he left the house. PW2 came to the house of victim and as P.W. 1 was vomiting at that time, she was taken to the hospital. Before she was taken to the hospital, a piece of cake was given to the pet dog and cat of P.W. 1 and they found that the cat died near the premises of victim P.W. 1.

(3.) IT is the contention of learned High Court Government Pleader that the evidence reveals that the cat which had eaten the cake had died. The viscera contained the poison and therefore, it is his submission that the Trial Court over looked this aspect and committed an error in granting an order of acquittal for the offence under Section 328 IPC. He submits that the overall material placed on record is sufficient to convict the respondent for the said charge.