STATE OF KARNATAKA Vs. BASAPPA

JUDGEMENT

(1.) An occurrence took place on 19th January, 1983. Bangarewwa was found murdered in her village Mudaligi. Accused-respondent is the husband of Bangarewwa. It is alleged that he suspected that the de ceased was having an illicit relationship with PW 19, and, therefore, he murdered her. He was sent up for trial for an offence under Section 302, IPC for the murder of Bangarewwa. The learned Sessions Judge, Belgaum found him guilty of the offence under Section 302, IPC and vide judgment dated 20th September, 1983 convicted him for the said offence and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/- and in default, suffer further rigorous imprisonment for six months. The respondent filed an appeal against his " conviction and sentence. On 19th March, 1986, the High Court accepted his appeal and set aside the conviction and sentence of the respondent. By special leave, the State is before us.

(2.) We have carefully perused the judgment of the High Court as also the Trial Court.

(3.) The prosecution case hinges on the evidence of PW 4 and PW 5, who are claimed by the prosecution to be the eye-witnesses and found by the Trial Court to be reliable. The other material witnesses in the case did not support the prosecution case at the trial and their evidence has not been relied upon by the Trial Court. However, medical evidence and the testimony of PW 1 has been used as corrobora tive evidence lending support to the evidence of PW 4 and PW 5. Reli ance has also been placed on the evidence of PW 18 and PW 23.