B. VIRUPAKSHAIAH Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) These appeals, by special leave, have been directed against the judgment and order dated 19.01.2011, passed by the High Court of Karnataka, Circuit Bench at Dharwad, in Criminal Appeal No. 2664 of 2010 whereby the High Court allowed the appeal of all the twelve accused and acquitted them of all charges. The present appeals are filed against the said acquittal order passed by the High Court; Criminal Appeal No.640 of 2012 is by the complainant, who is son of the deceased, and Criminal Appeal No.641 of 2012 is by the State.

(2.) The facts of the case, as disclosed by the prosecution, are that an FIR was lodged on 22.11.2005, at Toranagallu Police Station by Sheikh Hussain Sab (PW3), stating that he and his colleague Basavana Gouda (PW2) were working as Security Guards in Aqua Minerals Factory and when they were on duty on 22.11.2005, at about 1:30 PM, while taking food they heard a bang sound from outside and immediately they went out and saw that a Bolero Jeep had dashed against Tata Indica Car on N.H. 63 in front of Acqua Minerals. They saw four unknown persons pulled out two inmates of Indica Car and assaulted on their head, face and hand with sharp edged weapons, causing heavy bleeding injuries. The four people then drove away towards Bellary. One of the deceased named Bhimaneni Kondaiah died on the spot whereas the other deceased Pavadappa died on way to the hospital.

(3.) After investigation, charge-sheet was filed against twelve accused. After considering the material on record and hearing the counsel for the accused persons, they were charged for offences punishable under Sections 143, 147, 148, 341, 109, 120-B, 302 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"). The charges were read over and explained to them. All the accused persons pleaded not guilty and claimed for trial.