V.S. APPA RAO, J.—This appeal is filed under Section 378(1) and (3), Cr.P.C. by the State of Karnataka represented by Basavanahalli Police, against the judgment dated 14-3-2005 in S.C. No. 6/1997 on the file of Principal Sessions Judge, Chickmagalur, whereby the sole accused charged for the offence under Section 302, IPC was acquitted under Section 235(1), Cr.P.C.

2. The relevant facts leading to this appeal are as follows:

(i) Deceased Nagarathna was the daughter of P.W. 2 K.C. Basavaraju and P.W. 3 Smt. Siddagangamma who hails from Kanikenahalli in Belur Taluk of Hassan District. The respondent-accused hails from Shivanahalli. One Marigowda is the grand father of accused who also hails from Kanikenahalli, the village in which the parents of deceased are residing. The accused was in the habit of visiting the house of grand father of deceased. At that time he was also visiting the house of parents of the deceased and became very close to the family members of deceased, including the deceased who had attained puberty.

(ii) Some time prior to Gowri festival in the year 1996, deceased Nagarathna left the house with her personal belongings stating that she would go to her aunty Smt. Rajamma’s house situated at Sevanthanahalli. Since she did not return to her parents house even after 4-5 days, her mother P.W. 3 sent her husband P.W. 2 to Savanihanahalli. P.W. 2 went there and found that deceased had not gone there. He returned back to village and went in search of his daughter at Bangalore as she was visiting Bangalaore along with some girls who gone there to learn tailoring. There also he could not trace his daughter. Thereafter. P.W. 2 reported missing of his daughter to P.W. 4 Ramegowda. Both of them left to Bangalore in search of deceased but could not trace her. However, P.W. 4 came to know from some known persons about a news item appeared in papers about the death of a lady in a lodgeat Chikmagalur. P.W. 4 sent word to P.W. 2, who met P.W. 4 at Javagal.

(iii) It is also the case of the prosecution that on 15-8-1996 P.W. 9 ML. Harish, Manager of Padmashree Lodge at Chickmagalur noticed foul smell emanating from Room No. 102 of the lodge. It was revealed to him that the occupants of the said room, which was taken on 12-8-1996, had not reported at the reception about the vacancy. P.W. 9 informed P.W. 1 K.J. Venkatesh owner of the lodge about the foul smell emanating from the locked room. In turn, P.W. 1 informed Basavanahalli Police. P.W. 19 Devendrappa, the Sub-Inspector of Police, visited the lodge and secured panchas P.Ws. 10 and 17 and two others, went near the room along with P.Ws. 1 and 7 to 9 and found foul smell emanating from the room. P.W. 19 got broke open the lock of the room and found dead body of a lady on the cot. He obtained a complaint Ex. P2 from P.W. 1, drawn a Panchanama as per Ex. P1, registered a case in Crime No. 151/96 for the offence under Section 302, IPC against one Naveen in whose name the room was taken and tiled FIR as per Ex. P13. Thereafter, he returned to the lodge with staff and noticed MOs 1 to 13 in the room and a carry bag MO 27. He seized the articles under a panchanama Ex. P3 and handed over the investigation to P.W. 23 C.K. Shashidhar, the CPI who came to the spot. P.W. 23 took-up investigation, held inquest over the dead body under a panchanama Ex. P9 and recorded the statements of P.Ws. 7, 8, 9 and the Manager and room boy of the lodge. Thereafter, he handed-over the dead body to P.W. 14 Police Constable for post-mortem. The photographs (collectively marked as M.O. 14) of dead body were taken by P.W. 17-K.R. Raju. P.W. 20 Medical Officer conducted post-mortem examination over the dead body of the deceased. Since there was nobody to claim the dead body, it was burried. P.W. 14 produced MOs 16 to 20 and 24 to 26 which were found on the body of the deceased before P.W. 23. On 6-8-1996 P.W. 23 seized Ex. P7 the Ledger Register of the lodge. Thereafter he received the post-mortem report