LAWS(SC)-2008-8-56

GANESH Vs. STATE OF KARNATAKA

Decided On August 20, 2008
GANESH Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) These appeals are interlinked and therefore they are disposed of by this common judgment.

(2.) The High Court by its judgment dated 24th August, 2005 disposed of three appeals. Criminal Appeal 394 of 2001 was filed by the State of Karnataka question ing acquittal of the accused persons for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code, 1860 (in short the IPC). The other appeals were filed by the accused persons who were convicted for offences punish able under Sections 143, 148, 504 read with Section 149, Section 324 read with Section 149, IPC, Section 326 read with Section 149 and Section 307 read with Section 149, IPC. In all 25 persons faced trial. However, the trial Court found only 6 of the accused persons to be guilty and therefore they filed appeals which were numbered as Criminal Appeal Nos. 1344/2000 and 1359/2000. The other appeal was filed by the State as noted above.

(3.) The High Court acquitted S. Holeyappa (A-1) but held the other five to be guilty of offence punishable under Section 302 read with Section 149, IPC. Accordingly States appeal was allowed. The appeals filed by the accused persons were dismissed.