GOVINDANAIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction dated 13.8.2010 passed by Fast Track Court -I, Tumkur in S.C. No. 72/2008, is called in question in this appeal by the convicted accused.

(2.) CASE of the prosecution in brief is that during the night of 30.11.2007, deceased Smt. Lakshmamma had gone to the house of P.W. 5 from the house of P.W. 1 to bring sambar in a tiffin box; P.Ws. 1 and 5 are the sons of the deceased Lakshmamma; after taking sambar from the house of P.W. 5, she went back to go to the house of P.W. 1; at that point of time, her brother -in -law by name Chatra Nayaka (P.W. 20) accompanied her to go to the house of P.W. 1; on the way, accused met them and told P.W. 20 that he would take Lakshmamma to her house; thereafter, P.W. 20 came back to his house; however, Lakshmamma did not return to the house of P.W. 1; on the next day, P.Ws. 1 and 5 came to know about the death of their mother Lakshmamma; on enquiry in the village, more particularly with P.W. 20, they suspected the hands of the accused in the crime; the dead body was found lying about 25 feet from the house of P.W. 1 by the side of a fence; the gold ornaments worn by the deceased were missing from the dead body.

(3.) SRI Gadilingappa, learned advocate appearing on behalf of the accused -appellant taking us through the entire material on record submits that there are no eye witnesses to the incident in question; case of the prosecution rests only on circumstantial evidence; none of the circumstances relied upon by the prosecution is proved by the prosecution beyond reasonable doubt; since the chain of circumstances is not proved against the accused and as there is absolutely no reliable material against the accused, he needs to be acquitted. According to him, the prosecution has concocted the story against the accused.