JUDGMENT

B.P. Singh, J.-The appellant Gilbert Pereira was tried by the First Additional Sessions Judge, D.K., Mangalore having been charged of the offences under Sections 302 and 397 IPC for having committed the murder of a young girl Marita Margaret Pereira and robbing her of her gold ornaments. The learned Additional Sessions Judge acquitted him of the charges under Sections 302 and 397 IPC but found him guilty of the offence under Section 379 IPC, since it found that the gold ornaments worn by the deceased shortly before her murder, and which were found missing after her murder, were recovered at the instance of the appellant who could offer no plausible explanation as to how he came in possession of the said ornaments. Accordingly, he was found guilty of the offence under Section 379 IPC and sentenced to two years rigorous imprisonment and also to pay a fine of Rs. 2000/- and in default to undergo rigorous imprisonment for a period of three months.

2. The State of Karnataka preferred an appeal to the High Court of Karnataka against the order of acquittal being Criminal Appeal No. 89 of 1997. The High Court by its judgment and order of October 30, 2002 allowed the appeal, set asid