Full Judgment Text
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PETITIONER:
STATE OF KARNATAKA
Vs.
RESPONDENT:
NARAYAN BABU SANADI AND ORS.
DATE OF JUDGMENT: 23/07/1998
BENCH:
G.T. NANVATI, S.P. KURDUKAR
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
Nanavati, J.
The State of Karnataka has filed this appeal against
the judgment and order of acquittal passed by the High Court
in Criminal appeal No. 237/81. The four respondents ere
convicted by the trial court under Sections 326 and 450 both
read with Section 34 IPC.
The prosecution case was that because of the family
property dispute, relations between deceased Nagappa and
deceased babu with the accused, who were all closely related
to each other, were strained and that led to an assault by
respondent Nos. 1-4 on Nagappa when he was working in the
fields and which resulted in his immediate death and also on
deceased Babu, who was taking rest in his house and which
also led to his death after about 10 days. The prosecution
could not lead any direct evidence regarding the manner in
which Nagappa and Babu were killed. but the trial court
relying upon the statement of deceased Babu - Ex. P. 42
convicted the respondents as stated above.
The High Court on reappreciation of the evidence came
to the conclusion that the statement of deceased Babu -
Ex.P. 42 was not all reliable . The High Court pointed out
that the statement of Ex.P. 42 was stated to have been given
in presence of PWs 3 and 12. But PWs, 3 and 12 positively
stated before the court that no such statement was given by
Babu. The assault on Nagappa had taken place in the field
which was three furlongs away from Babu’s house and the
assault on Babu took place while he was resting in his
house; and yet, in Ex.P. 42 there was a reference to the
assault on Nagappa in the field. The High Court taking these
factors into consideration came to the conclusion that
deceased Babu had not given the statement Ex.P. 42 deposed
by the Investigating officer.
There was no other evidence led by the prosecution
against the respondents. The high Court was, therefore,
right in acquitting the respondents. The appeal is,
therefore, dismissed. bail bonds of the respondents are
ordered to be cancelled.
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