Nesargi, J.-In this appeal, the State has challenged the legality and correctness of the judgment of acquittal passed in S.C.No. 19 of 1971 by the Sessions Judge, Tumkur.

2. The respondent in this appeal was the accused in the sessions case. He was charged with having committed offences punishable under sections 302, Indian Penal Code and 392, Indian Penal Code. The allegation against the respondent, who will be referred to as the accused in the course of this judgment, was that in the forenoon of 24th June, 1971 a Thursday when Gangamma the deceased was picking neem seeds in land bearing S. No. 44 of Annenahalli in Madhugiri Taluk, Tumkur District, he, in order to rob her of ornaments M.Os.11 to 14, cut her with a chopper M.O.1 and killed her and robbed her of the said ornaments.

3. The prosecution case in brief is that the deceased Gangamma is the sister of Siddappa P.W.7. P.W.8 Thimmakka is the wife of P.W.7. P.W.10 Lakshmamma and P.W.11 Gangamma (a child witness) are the daughters of P. Ws.7 and 8. Gangamma’s husband had died long back. She was residing in a separate house and not with P.Ws.7 and 8 and their family members, but her residence was nearby the residence of P.Ws.7 and 8, Gangamma the deceased was always wearing ornaments M.Os. 5, 6 and 11 to 14. She was maintaining herself by doing cooly work. P.W. 10 Lakshmamma had about one month prior to 24th June, 1971, given birth to a baby and she was in the house of P.Ws.7 and 8. On 24th June, 1971, P.W.7 Siddappa had gone to Madhugiri for some work. In the morning at about 8 a.m. or so on 24th June, 1971, Gangamma proceeded to the said land and while she was going so, she talked with P.W. 10, who was standing at the door having her baby with her. P.W.8 Thimmakka who was in the kitchen saw them talking. P.W.11 Gangamma took her 10 sheep for grazing near about the said land. P.Ws. 8 and 10 observed that Gangamma the deceased was, as usual, wearing the above mentioned ornaments. At about noon meal time P.W. 11 Gangamma proceeded to return to her house in order to take meals. While so proceeding, she saw Gangamma the deceased lying dead in the said land. There was bleeding injury on her neck. P.W.11 raised cries and came to the village bawling out that Gangamma had been murdered. P.W.5 A.R. Narasimha Reddy, the Patel of Annenahalli heard this information from P.W.11 and also from others. He along with others proceeded to the said land and saw the dead body. He also was aware of the fact that Gangamma the deceased always used to wear the above-mentioned ornaments. At that point of time itself, he found M.Os.11 to 14 were not on the body of Gangamma. They were missing. He came home and wrote his report Exhibit P-5 mentioning about the incident and also describing the articles M.Os.11 to 14 which he observed and missing from the body of Gangamma the deceased. His talwar Rangappa P.W.4 was residing in Teriyur village which is about one mile away from Annenahalli village. P.W.5 went on foot to Teriyur village and gave Exhibit P-5 to P.W.4 and directed P.W.4 to produce it in Kodigenahalli police station. P.W. 4 took Exhibit P-5 and produced it before the Station House Officer, Kodigenahalli police station P.W.20 who registererd a case and issued First Information Report and sent express reports. The police took up investigation. P.W.21 K. Srinivasa Rao, the Circle Inspector of Police reached the spot and took up further investigation. He commenced making enquiries in the surrounding villages as to whether any person had made any attempts to dispose of the missing ornaments. In the morning of 28th June, 1971 when P.W.21, was making enquiries in Vangadammanahalli village P.W.17 Narasimhappa, informed him that the accused had offered to pledge a pair of silver kadagas and a pair of silver anklets for a sum of Rs. 20 to Rs. 30 to him and that as he had no money, he did not accept that offer. This information aroused suspicions of P.W.21 against the accused. P.W.21 therefore, proceeded

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