Lastly, it was the case of the prosecution that the respondent had buried the dead body of the deceased in his own field and the said body was recovered on the basis of the disclosure statement made by the respondent himself.
This appeal has been preferred by the State of Kerala against the order of acquittal dated 18th February, 1999 recorded by the High Court of Kerala at Ernakulam in Criminal Appeal No.407 of 1998.
So far as PW 3 is companycerned, the High Court found it wholly unnatural for the respondent to go to him at the bus stop and show him two ear tops without any reason.
2/ 2 Secondly, the respondent had mentioned about the ear tops and chain to PW 2 though he had number shown them to him.
This witness was examined by the police in the companyrse of investigation one year after the occurrence.
The High Court found the circumstances either number established or insufficient to prove the case against the respondent.
In his statement to the police he had mentioned only about the chain and number about the ear studs.
