SHEENAPPA GOWDA @ VENKAPPA AND KESHAVA GOWDA S/O LATE SOMA GOWDA Vs. STATE OF KARNATAKA, REP. BY BELTHANGADY POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) THE petitioners are arrayed as Accused Nos. 1 and 2 in Crime No. 211/2009 registered for offences punishable under Sections 302 201 read with Section 34 IPC and also for offence punishable under Section 3(2)(v) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.

(2.) I have heard the learned Counsel for petitioners and learned Government Advocate for Stale.

(3.) THE facts narrated in the first information, statements of witnesses recorded during the course of investigation and also the contents of Forensic Science Laboratory report are as follows: - The deceased Babu Mugera belonged to schedule caste. He was a native of Balalu Village. Smt. Girija (CW -2) was his wife. Certain bit of Government land, which was adjacent to the land of the Accused No. 1, was in unauthorised occupation of the deceased and it had been regularised in favour of the deceased.