SANGAPPA SANGANABASAPPA M Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants - Sangappa Sanganabasappa Murakachatti, Yamanappa Rudrappa Murakachatti and Pundalik Sanganabasappa Murakachatti (A-1, A-2 & A-4 respectively) along with four others were tried in Sessions Case No. 169 of 1995 by the Principal Sessions Judge, Bijapur for offences punishable under Sections 148, 302 and 506(2) read with Section 149 of the Indian Penal Code (for short IPC). The learned Principal Sessions Judge, vide judgment dated 26th September, 1998 acquitted all the accused appellants of the aforesaid offences. The State of Karnataka preferred appeal under Section 378(1) & (3) of the Code of Criminal Procedure against the order of acquittal before the High Court at Bangalore. A Division Bench of the High Court by the impugned judgment dated 1.4.2005, partly allowed the said appeal, setting aside the acquittal of the appellants herein and affirmed the acquittal in so far as the rest of the accused are concerned.

(2.) Against the said judgment of the High Court, the appellants have preferred the present Criminal Appeal under Section 379 of the Code of Criminal Procedure, 1973 read with Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

(3.) In order to consider as to whether the impugned judgment convicting the appellants herein for the offence punishable under Section 302 read with Section 34 IPC suffers from any infirmities requiring our interference, it may be just and necessary to briefly notice the prosecution case.