SANNAPUTTAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) On the morning of 23rd August, 1972 at Nelamakanahalli, Channapatna Taluk, PW.1 Mayamma, her son PW.2 and daughter-in-law had gone to the fields for work, On returning home they found the lock of the door of their house open. On entering into the house, they found MOa.1 to 5, all articles of gold, stolen. PW.1 lodged a complaint in the Akkur Police Station. The police submitted a 'C' report treating the case.as undetectable.

(2.) More than a year later, on 29-11-1973 PW.7 constable Arasiah apprehended the accused at the Nunoor bus-stand and produced him before the PSI PW.10 with his. report Ex, P5. Events followed in lightning succession, an almost incredible feat. On the same day as per the information Ex.P7 given by the accused, the PSI. PW.10 is said to have- recovered MQs.2 to-5 from PW.3 Krisnegowda of Sargur village. These MQs were alleged to have been kept with him by the accused. Ex-.P2 is the mahazar. On that very same day the PSI PW.10 as. per the alleged in-formation Ex.P7 itself given by the accused, seized MO.1 from the pawnbroker PW.5 Shankarlal, said to have been pledged with him by the accused on 25-9-1971 as per the original of Ex.P3(a).

(3.) When questioned under S.342 CrPC, (Old) the plea of the accused was one of innocence.