STATE OF KARNATAKA Vs. UDAYAKUMAR

JUDGEMENT

(1.) This Criminal Appeal is preferred by the State against the judgement dated 23-1-1993 passed by the Principal Sessions Judge, Kolar, in S. C. No. 45/1988 acquitting the respondent-accused of the offence punishable under Section 302 I.P.C.

(2.) We have heard the learned Government Pleader Shri M. Rajagopal and the learned counsel for the respondent-accused Shri K. Muniswamy Gowda fully and perused the records of the case.

(3.) The case of the prosecution is as follows :Deceased Suresh was the son of P.W. 1 - Parthasarathi and his wife P.W. 2 - Gangabai. Deceased Suresh was their second son and P.W. 3 - Manjunath was their first son. P.Ws. 1 and 2 were residing at Madras ever since the date of their marriage. P.Ws. 1 and 2 had come along with their sons Manjunath and deceased Suresh on 17-4-1988 to the house of the mother of P.W. 2 situated in B. E. M. L. Nagar, K. G. F., in connection with the Seemantha ceremony of the wife of the brother-in-law of P.W. 1, which was to be held on 20-4-1988. On 19-4-1988 when P.W. 1, the complainant, was sleeping in one of the rooms of that house, his wife P.W. 2 came and informed him between 4.00 and 5.00 p. m. that their son Suresh had been killed. On receiving that information, he went to the said room and saw the body of deceased Suresh lying with his head separated from his body and the accused standing in that room holding a kathi in his hand. P.W. 1 went to the Police Station and filed the complaint as per exhibit P-1. The police registered the case, investigated into the case and after completion of the investigation filed charge-sheet against the accused.