STATE Vs. S.A. CHAND BASHA AND OTHERS

JUDGEMENT

(1.) THIS appeal is filed by the State challenging the judgment dated 9.6.2005 passed by the learned Sessions Judge, Kodagu, Madikeri in S.C. No. 4/2004 acquitting the respondents 1 to 3 of the offences under Section 302 read with Section 34 IPC.

(2.) THE case of the prosecution is that on 29.9.2003 at about 8.30 pm at Sunkadakatte, Virajpet, within the limits of Virajpet Town Police, the accused No. 1 was dealing in selling ganja business. The deceased Suresh, C.W. 1 -Prasanth, C.W. 2 -Sanju @ Premkumar, C.W. 3 -Santhosh and their friends who are the residents in the area, informed the said activity of the accused to the higher authorities and in that respect, accused 1, 2 and 4 alongwith juvenile offender -A5 were nurturing grudge against the deceased and the witnesses and, therefore, on the date of offence, when the complainant and deceased were going on the road, the accused persons, namely, accused No. 1 -Chandpasha assaulted with knife to one Sanju -C.W. 2 on his left side rib and abdomen, Accused No. 3 has assaulted with knife on the deceased -Suresha on his cheek, chest and stomach and also assaulted with the same knife to Prasanth on his left rib and A -4 assaulted with club on the head of Prasanth and A2 assaulted with club on the left side of chest of Santhosh and A -1 further assaulted with club on the head of C.W. 19 -H.K. Shyam and voluntarily caused injuries to C.Ws. l to 3 and C.W. 19 and caused the death of Suresha. Thereby the accused are alleged to have committed an offence under Sections 324, 302 read with Section 34 of IPC.

(3.) IT is also further alleged against the accused that deceased Suresha being the member of SC and ST community, the accused persons have further committed an offence under Section 3(1)(ii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.