2002 (12) TMI 609

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.... Court of Karnataka acquitted them. The State has preferred this appeal by special leave. The case of the prosecution is that on 05-10-1985 both the accused and the deceased went to Bennerghatta National Park. PW5, Kunniga saw all of them walking towards Mavinahalla. After some time he heard a cry "ayyayyo". He looked around but saw nothing. A little later he saw A1 and A2 coming from that side. He approached them and asked them how come they were three when they went and only two returning. The accused replied that the girl was moving about eating groundnuts and doing other things. He was not convinced with the reply. He took them to the Range Forest Office and narrated the incident to PW3, Forester Linge Gowda. PW3 sent some of....

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....ing all this, the Trial Court found the chain of circumstances complete. A1 and A2 were convicted, based on circumstantial evidence lead before the Trial Court. On appeal the High Court re-appraised the evidence. Placing reliance on the Modi's Medical Jurisprudence, the High Court observed that the medical evidence tendered by PW2 fails to prove the homicidal death of deceased as a result of asphyxia due to strangulation. Appraising the evidence of PW.5, the High Court found that huge fence and bushes surround the place where he was working and consequently, that the High Court held that the deposition of PW.5 to the effect that he saw the deceased with A1 and A2 going towards Mavinahalla to be unbelievable. Admittedly the place of occ....

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.... Mavinahalla. Upon hearing the cry, he is said to have stood up on a rock and looked around. Thereafter he continued with his work. When he saw A1 and A2, they did not attempt to escape from the scene. Had they committed the murder they would have normally tried to flee from the place. On the other hand they answered his query. Again it is difficult to believe the prosecution version that the accused accompanied PW3, a manual labourer, who does not hold any position of authority, to the Forest Office. In that view of the matter, the finding of the High Court as regards non-reliability of PW5's evidence needs no interference. Secondly the fact of the alleged ill treatment by the accused and the so- called 'bad character' of Neel....