STATE Vs. LOKESHWARAPPA

JUDGEMENT

(1.) The Judgment & Order dated 9.1.2013 passed by the Prl. Sessions Court, Davangere in S.C. No.135/2011 is called in question in this appeal by the State. The trial Court, by the impugned Judgment acquitted the accused of the offences punishable under Sections 302 and 201 of IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Case of the prosecution in brief is that the deceased was teasing the sister's daughter of the accused while she was going to school; Despite repeated requests, such habit of the deceased was not rectified; the accused in order to commit the murder of the deceased, took the deceased with him on 14.11.2011 at about 10.45 p.m. and assaulted him with club and thereafter caused his murder by smothering; The incident of murder has taken place in the land of the accused; however the dead body was taken to the adjoining land of PW.1 and the dead body was buried in the said land.

(3.) In order to prove its case, the prosecution in all examined 26 witnesses and got marked 28 Exhibits and 12 Material objects. On behalf of the defence, no witness is examined.