The State has filed this appeal under Section 378 (1)

and (3) of the Code of Criminal Procedure, 1973

(hereinafter for brevity referred to as "the Cr.P.C."),

challenging the judgment of acquittal dated 17-10-2015,

passed by the learned VI Additional District and Special

Judge, Mysuru, (hereinafter for brevity referred to as the

"Sessions Judge's Court") in Sessions Case No.42/2010,

acquitting the accused of the offence punishable under

Section 396 of the Indian Penal Code, 1860 (hereinafter

for brevity referred to as "the IPC").

2. The summary of the case of the prosecution in

the Sessions Judge's Court was that, on the date

09-08-2005, at about 2:00 a.m., the accused Nos.1 to 4

along with two other absconded accused by names

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Kyatagatti Venkatesh and Mahadev, with an intent to

commit

robbery

cash

gold

belonging

to

Sri. Jwalamukhi Tripura Sundari Amma Temple situated at

S. Uttanahalli, within the limits of the complainant Police

Station, trespassed into the said Temple and committed

murder of watchman one Sri. Allaiah, by assaulting him

with deadly weapon and causing grievous injuries to PW-2

(CW-2) -Javara and PW-3 (CW-3) - Beeraiah, who were

also the watchmen and sleeping in the Temple and

committed dacoity of cash available in the hundi of the

Temple, steel almirah and also of gold and silver

ornaments which were on the idol of the goddess.

It is further the case of the prosecution that the

accused thereafter sold the robbed gold and silver

ornaments to accused No.5 and accused No.6. Thus,

accused No.5 and accused No.6 purchased the robbed

articles, which

articles

were apparently looking as

belonging to a Temple and not used by any individual in

their private houses, from accused Nos.1 to 4. With this,

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the charge sheet was originally filed for the offences

punishable under Sections 302 and 397 read with Section

34 of the IPC as against all the six accused persons and

as against accused No.5 and accused No.6, the offence

punishable under Section 411 of the IPC was alleged.

Earlier, the Investigating Officer had filed a 'C'

report, stating that the accused could not be traced out,

however, the case was re-opened stating that the accused

Nos.1 to 4 along with two other accused were found

preparing to commit robbery on the date 14-11-2008 at

Gunjanarasimhaswamy Temple in T. Narasipura and were

caught by T. Narasipura Police. In that connection, a

Crime No.250/2008 for the offences punishable under

Sections 399 and 402 of the IPC was registered. During

investigation in the said case, it was revealed about the

commission of dacoity with murder of a person in

S. Uttanahalli Temple on the date 09-08-2005 and to

which effect, accused Nos.1 to 4 were said to have given

their

voluntary

statements

before

Investigating

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Officer,

revealing

whereabouts

robbed

ornaments and other articles. Accordingly,

investigation was continued in the instant case which

ended up in the complainant Police filing charge sheet

against the present accused persons. The other two

accused by names Kyatagatti Venkatesh and Mahadeva

were shown in the charge as the absconded accused.

3.

After perusing the materials placed before it

and hearing both side, the Sessions Judge's Court framed

charges as against accused Nos.1 to 4 for the offence

punishable under Section 396 of the IPC and as against

accused No.5 and accused No.6 for the offence punishable

under Section 412 of the IPC. Since the accused herein

pleaded not guilty, the trial was held, wherein, in order to

prove

alleged

guilt

against

accused,

prosecution got examined in all twenty eight (28)

witnesses from PW-1 to PW-28, got produced and marked

documents from Exs.P-1 to P-28(v) and produced

Material Objects from MO-1 to MO-64. From the

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accused’s side, the accused No.1 got himself examined as

DW-1 and one Sri. K.S. Samiulla, Superintendent of Jail,

Tumakuru Prison, was examined as DW-2 and five

documents were got marked as exhibits