STATE OF KARNATAKA Vs. ISAVA ALIAS ISHWE ALIAS KAALA

JUDGEMENT

(1.) THE State is before this Court assailing the Judgment dated 25.4.2013 passed in SC No.70/10.

(2.) THE Court below, after considering the evidence and the material on record has arrived at the conclusion that, the charge alleged against the accused has not been proved and has accordingly acquitted the accused.

(3.) THE case of the prosecution was that, on 3.1.2010, at early hours, the accused Nos.1 to 7 entered into the Dhabha/Hotel of the complainant situate on the out -skirts of Suranag village on Suranag - Lakshmeshwar road and snatched one golden locket (Lachacha) from the neck of the wife of the complainant namely Shakeera Banu Kolakar. Subsequently, the case was registered in Crime No.13/2010 and the accused were apprehended and proceedings were held. The complainant was examined as PW.1 while his wife from whose neck the chain is alleged to have been snatched, was examined as PW.2. Though the said witnesses i.e. PW.1 and 2 had stated with regard to the incident having occurred, they have stated that, they are unable to identify the accused as to whether the very same persons had entered the Dhabha and committed the crime. In fact the prosecution has treated them as hostile and nothing further has been elicited.