Ashok had filed under section 372(2) of CrPC to set aside the judgment of conviction and order which was given 16.06 2014 and 21.06.2014 respectively by the Sessions Judge, Bijapur.
Ashok had committed offences which are punishable under sections 302 and 201 of the Indian Penal Code.
The fact was that Rachappa who was dead is homicidal in nature is fully supported by the medical evidence and it is not been seriously challenged by the council. The autopsy shows that on the dead body of Rachappa clearly shows that there were four external injuries and all of which were on head and face and there was not even a scratch on the rest of the body.
The learned counsel of the applicant said that the evidence is yet in by the prosecution is wholly inadequate to prove that the entire chain of circumstances of Constituting The offence of the murder and therefore the trial judge had committed a serious error in finding the accused guilty of the offences charge against him.
The motive of committing the offences is due to the loan of Rs.50,000 which was borrowed by Ashok from Rachappa, because he was asking to repay the same.
The court had made sure that the case is taken at most importance seeing the sensitivity of the witness and the evidence.
Where in the facts of this case the court said, chain of circumstances beyond reasonable doubt and there for finding of the learned counsel sessions judge is required to be interfered
The bench consisting of Justice P Krishna Bhatt, “The appeal is allowed. The judgement of conviction and Order of the sentence passed by the learned second additional sessions judge Vijayapura is set aside and as a consequence appellant stands acquitted his bail bonds are cancelled and sureties are discharged is directed to be set at liberty forthwith.”