STATE OF KARNATAKA Vs. PRAKASH POOJARY AND ORS.

JUDGEMENT

(1.) THE judgment and order of acquittal dated 17th March 2012 passed by Fast Track Court, Udupi in S.C. No. 2/2011 is appealed against by the State.

(2.) THE case of the prosecution in brief is that during the night intervening 7.4.2010 and 8.4.2010, the accused went near the house of deceased Sakku Bai with an intention to rob the gold ornaments and in the garb of purchasing firewood gram in the 'hadi (hut)' took her to the backside of the hadi; robbed the gold ornaments worn by her worth Rs. 1,15,000/ - and inflicted injuries on her neck with the help of a chopper, consequent upon which, Sakku Bai died on the spot.

(3.) SRI . Visweswaraiah, learned Government Pleader taking us through the entire material on record and the judgment of the court below submits that the judgment of the trial court is improper and incorrect; the reasons assigned and the conclusion reached by the trial court is improper; the evidence of P.Ws. - 7, 8 and 9 is sufficient to prove the guilt against the accused, inasmuch as, their evidence proves the case of the prosecution beyond reasonable doubt that the accused robbed the jewellery and committed murder of deceased Sakku Bai; the recovery of jewels of the deceased at the instance of the accused is proved and therefore, according to him, the impugned judgment is liable to the set -aside. Per -contra Sei. Arun Shyam, learned counsel appearing for respondent No. 2 -accused No. 2 argued in support of the judgment of the court below.