STATE OF KARNATAKA Vs. M. MANJUNATHA

JUDGEMENT

(1.) THE judgment and order of acquittal dated 20.10.2010 passed by the I Additional Sessions Judge, in S.C. No. 153/2009, is called in question in this appeal by the State.

(2.) CASE of the prosecution in brief is that the deceased Nuthan @ Nandakumar, aged about five years is the son of P.Ws. 1 and 2; the accused was about 18 years of age and studying in 10th Standard at the time of incident; the accused and the deceased are from the same locality; the accused used to play along with other kids in the locality; he used to play with the other kids including the deceased in the normal way as any other kids play; the accused took the victim Nuthan @ Nandakumar from the play ground and got him "nippattu" (eatable) from the shop of P.W. 8; thereafter accused took the deceased about half a kilometer from the shop of P.W. 8, assaulted him with club (stick) and pushed him inside the abandoned open well, situated in the land of Gubalal Muniswamappa, consequent upon which Nuthan @ Nandakumar died.

(3.) LEARNED Government Pleader appearing on behalf of the State taking us through the material on record including the impugned judgment, submits that the trial Court is not justified in acquitting the accused, more particularly when the prosecution has proved its case beyond reasonable doubt; all the circumstances relied upon by the prosecution are also proved by the prosecution; the judgment of the trial Court is unreasoned and consequently, conclusion reached by it is improper.