JUDGMENT

KULDIP SINGH, J.- Deja K. Shetty was tried for the offences punishable under Sections 302 and 392 Indian Penal Code. The trial court convicted him on both the counts and sentenced him to undergo imprisonment for life and rigorous imprisonment for five years respectively. The appeal filed by him was allowed by the High Court, the conviction and sentence of Shetty was set aside and he was acquitted of both the charges. This is State appeal against acquittal.

2. The prosecution case in a nutshell is as under.

3. Vasanthi-deceased was the daughter of Sesha Shetty PW 8. She along with her son was living with her father in a portion of the family house in village Gurupura. Mohini PW 10 who was Vasanthis mothers elder sisters daughter, along with her husband and son, was living in another portion of the same house. The remaining portion of the house was occupied by Rathna PW 12 who was Vasanthis mothers younger sisters daughter. Vasanthi was living in the said portion of the house along with her husband Babu Shetty. The respondent-accused is the younger brother of Rathna PW 12. Vasanthi-deceased was thus a cousin sister to the respondent-accused as she was his mothers sisters daughter. The accused was residing with his wife and children at Mangalore. According to Sesha Shetty PW 8 the accused had come to their house near about December 15, 1980 and at that time his daughter Vasanthi told him that the accused had asked her to accompany him to Mangalore so that she could go for pilgrimage along with his wife. He further stated that on December 24, 1980 Vasanthi told him that she was going to Mangalore and would return the same day or the next day. Raveendra PW 9, Mohini PW 10, Shyamala PW 11, Rathna PW 12 and Ramani PW 17 corroborated the version of Sesha Shetty PW 8. Mohini PW 10 further stated that the deceased borrowed her purse (vanity bag) and at the time of leaving for Mangalore she was wearing rose-coloured sari, a white blouse, four rolled gold bangles, two gold bangles, a ring in her finger, a necklace and two ear-rings. Shyamala PW 11 stated that the deceased had borrowed her ring at the time of leaving for Mangalore. Rathna PW 12 deposed that the deceased borrowed two gold bangles and a chain from her with the promise that she would return the same after return from Mangalore. These witnesses further deposed that Vasanthi-deceased did not return back from Mangalore.

4. The prosecution story further is that the accused and the deceased travelled in a bus from Mangalore to Mysore where they reached on the morning of December 25, 1980. Rama PW 6, a coolie, took them to a motel called Modern Lodge. The accused hired room No. 5 from Nataraj PW 2, the manager. The accused paid Rs 60 as advance and made the necessary entries in the register Ex. P-2. He signed the register and gave his address. Receipt Ex. P-3 was issued to the accused by the manager. Gopal, CW 3 was the room-boy at that time. He served tea to the accused and deceased. By 9.00 a.m. Ramachandra PW 7 came and took charge from Gopal. PW 7 stated that he brought chicken-fry and two chapathies from another hotel for the accused and the deceased. Rukmangada PW 3 another manager took charge of the Modern Lodge from PW 2 at about 9.00 a.m. Vedaprakash PW 4 was the supervisor of the lodge. According to these witnesses the accused had left the room at about 12.00 noon and had not returned. The motel employees suspected some foul-play and as such they informed Dharma Prakash PW 1, the proprietor of the motel who further informed the police as a result of which Mahadeveviah PW 26, Head Constable in charge of the concerned police station came at about 10.30 p.m. Dead body of a woman was found lying on the cot. She was later on identified to be Vasanthi-deceased. A case was registered, investigated and the respondent-accused was charged with the murder of Vasanthi-deceased.

5. As a result of voluntary statement made by the accused various articles of gold worn by the decease