JUDGMENT :

AHSANUDDIN AMANULLAH, J

1. Heard learned counsel for the parties.

2. The present criminal appeal, under The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, is directed against the Final Judgment and Order dated 20.10.2010 in Crl. Appeal No. 1952/2005 (hereinafter referred to as the “Impugned Judgment”) passed by the High Court of Karnataka at Bengaluru (hereinafter referred to as the “High Court”), whereby the High Court was pleased to allow the appeal filed by the State qua the sole appellant.

THE FACTUAL PRISM:

3. The appellant was a co-accused along with one other. Upon trial, both were acquitted. However, in appeal before the High Court preferred by the State of Karnataka, the appellant has been convicted under Section 302¹ [Punishment for murder - Whoever commits murder shall be punished with death, or imprisonment for life and shall also be liable to fine] of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”) and sentenced to undergo life imprisonment.

4. According to the prosecution story, on 03.01.2002 at about 4:30 P.M. an unidentified dead body of a male was found by the Complainant (PW1) in his field leading to institution o