JUDGMENT

Rajendra Babu, J.-Thirteen-year old Neelamma s corpse was found on 05-10-1985 at a bush on the side of a footpath leading towards Mavinahalla, near Bennerghatta National Park. The learned Sessions Judge, Bangalore Rural District found Neelamma s father (A1) and stepmother (A2) guilty of killing her. They were convicted under Section 302 read with Section 34, Indian Penal Code and sentenced to life imprisonment. On appeal, the High Court of Karnataka acquitted them. The State has preferred this appeal by special leave.

2. The case of the prosecution is that on 5-10-1985 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 the Watchers inc