STATE OF KARNATAKA Vs. SYED SHABBIR HUSSAINI

JUDGEMENT

(1.) These appeals are filed challenging the Judgment and order of acquittal passed in Criminal Appeal No.40 and 41/2009 dated 10.06.2011 on the file of Fast Track Court-II, at Koppal, acquitting the accused persons for the offences punishable under Sections 143, 147, 148, 342, 353, 395, 504, 406 r/w. Section 149 of IPC.

(2.) The factual matrix of the case is that on 19.11.1998 when the PW-2 - Radhakrishna who was working as Manager of Syndicate Bank, Koppal Branch went to the house of the accused No.1 in connection with execution of the warrant in E.P.No.42/ 1995. The PW-1 bailiff of the Court was also accompanied him. When the Manager went to the house of the accused they abused him in filthy and vulgar language and threatened to kill him and throw his body in to the Munirabad Dam. It is further alleged during the course of incident they have stolen gold chain worth of Rs. 12,000/- cash and prevented him from discharging his official function and after assaulting him, they have tied him to the window and confined him. The police came to spot and untied him and thereafter took him to police station and he gave the complaint and based on the complaint the police have registered in Crime No. 133/1998 and thereafter investigated the matter and filed the charge sheet. The prosecution to substantiate its case has examined PWs. 1 to 7 and got marked Ex.P1 to P9. The defence also got confronted the document Ex.D-1 certified copy of the affidavit in CCC No.450/1999. The material object MO1 was marked. The Trial Judge after considering the evidence available on record particularly the evidence of PW-2 and so also the PW1 and the police witnesses who went to spot have been examined as PW-4 and 5, convicted the accused persons for the charges levelled against them.

(3.) Being aggrieved by the Judgment of conviction, all the accused have filed the Criminal appeal, which are numbered as Crl. Appeal Nos.40 and 41 of 2011. The first appellate Court re-appreciated the evidence available on record and acquitted all the accused persons for the charges levelled against them. Being aggrieved by the order of acquittal, the present appeal is filed by the State.