STATE OF KARNATAKA Vs. MALLAPPA

JUDGEMENT

(1.) State has come up in this appeal challenging the judgment of acquittal passed by the Fast Track Court, Raichur dated 2.8.2006 passed in SC No.135/2003 and 14/2004 acquitting the accused persons for the offences punishable under Secs. 447 & 302 R/w Sec. 34 of IPC.

(2.) Jalahalli police registered a case in Cr.No.12/2003 based on the complaint lodged by one Kariyappa for the offences punishable under Sec. 447 & 302 R/w Sec. 34 of IPC against six persons. It is the case of the complainant PW-1 Kariyappa that on 21.3.2003 when his son deceased Malappa was sleeping along with PW-9 & 10 in front of a sheep-pen, accused persons at about 2-30 or 3 a.m. in the morning trespassed into the sheep-pen and A-1 strangled his son Malappa and the remaining accused were holding hands and legs of the deceased. According to the complainant, that he had been to Jatra known as Amreshwara Jatra at Lingsugur to purchase a pair of bullocks and when he was in the Jatra he received an information from one Hanumantha Harijan to the effect that his son had been murdered by the accused persons. Immediately, he rushed to the spot and on enquiry came to know that accused having enmity with him and his brother PW-4 Yellappa thinking that PW-1 is sleeping in the land committed murder of his son Malappa. Based on the same, a criminal case was registered in Cr. No. 12/03 and thereafter charge-sheet was filed only against three accused persons based on the further statement given by PW-1 complainant, PW-4 & 10. Case was committed to the Sessions Court. The accused persons pleaded not guilty. Therefore, the case was posted for evidence.

(3.) Prosecution in order to bring home the guilt of the accused, relied upon the evidence of PW-1 to 15, Exs.P-1 to 32 and MO-1 to 4. The defense relied upon Exs. D-1 to 11, statements of PW-1, 4, 9 & 10 recorded by the police. After hearing the prosecutor and the defence counsel, following points were formulated for its consideration: