THE STATE OF KARNATAKA Vs. KANTHARAJ

JUDGEMENT

(1.) This appeal filed under Section 378(1) and (3), Cr.P.C. is directed against the judgment of acquittal passed by the I Additional Sessions Judge, Davanagere, in S.C.37/01. The respondent herein will be referred to as accused as per his ranking before the trial court. He had faced trial for the offence punishable under Section 302, I.P.C. and is ultimately acquitted by the trial court by a considered judgment dated 10.2.2007.

(2.) The matter is already admitted. The facts leading to the filing of the appeal are as follows:

(3.) What is argued before this court by the learned SPP, Mr.P.M.Nawaz is that the trial court has not properly analyzed the oral and documentary evidence and has not adopted right approach to the real state of affairs. He has argued that the initial burden cast on the prosecution has been effectively discharged and the onus had shifted on the accused and the same is not properly explained. It is further argued that though the prosecution case is to be proved beyond reasonable doubt, the learned judge has blown out of proportion some inadequacies found in the prosecution case and thus the accused has been given the benefit of doubt.