Karnataka High Court
The State Of Karnataka By Dhannur Police ... vs Subhya S/O Shivaraya Lambada on 17 June, 2009
Author: K.Sreedhar Rao
Bench: K.Sreedhar Rao
This Criminal Appeal is filed U/s 3?,s(:j}%ossn;d '(::.%p.c. by the S.P.P. for the State pxfazying and order of acquittal dated i9.3,s27 V£i:s":"Add1. inst. & Sessions Judge, Bid.ar.__ in the respondent/ accused for' offer.1V_(:'es -I oignishabie V under
Sections 302 read, with SsC;3?§' s1'.'P.._(,_:. These on for hearing this day, snsmmfi J, tsersi11ow:ng:-
out of same incident.
2, _ It, "is the the prosecution that one Bikku Bai v§as""'fouad missing since from 8.00 3.11:1. of A sag, "_}Bikkubai did not return. P.W.1, Shankar is the older. of father of the deceased. P.W.1 and P.W.3, fati}.<=;_§f~ of the deceased, made intensive search to trace y v One Leelabai informed that she had gone along with the deceased for collecting cow-dung. On the same day around 6 pm. to 7.00 p.m., when P.W.I and P.W.3 were in search of Bikkubai in the lands, they saw Accused Nos. 1 to 3 in a suspicious cigneumstances hiding on seeing P.W.}. and P.W.3, the:-aC'c;nse;ci_L body of Bikkubai was t1faced;iA:'inii:_1fie 53.
The complaint was given Theease is registered in Crime ,:_vo.4;5j iiéae} --__'A1'he« Police aiter thorough investigation eoulcia' ii to incriminate the accused. Renee, €C.:':epor£;:'... no i
3. V__P.'W.,Af1' Upon consideration of was committed to Sessions Court for trial in'es%.c.N5.3ég iééges} Accused No.1 was absconding after i1;i§eVa.:-rest trial in S.C.No.38/1999 is held »A The learned Sessions Judge has acquitted all '-- The State is in appeal.
.. elnihe protest petition, there is absolutely no mention of 2 ~ in-otive on the part of the accused to cause the murder of Bikkubai. The entire ease of the prosecution rests upon the only circumstance of accused running away on seeing P.W.} and P.W.3. The stmortem report discloses that: the death is homicidal. But, in the 'absence of motive on the basis of the circumstance of accused V's§:eing Caflnst be construed as '$7.0 hold that the accused V are 51' Bikkubaj. The erder passed by the Sessions (30111ft..§s appeals are dismissed.