MURUGESH @ AFSAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is accused No.1 in the proceedings instituted in Crime No.519/2018 for the offences punishable under Sections 143, 147, 120(B), 302 read with Section 149 of IPC is seeking to be enlarged on bail.

(2.) The case of the prosecution is that the accused Nos.1 to 3, 5 and 6 had entered into a criminal conspiracy and had gone to the house of CW1 armed with weapons. It is further submitted that accused No.1 is said to have assaulted on the neck of deceased by a sickle. It is stated that accused Nos.1 and 2 by their acts have murdered the deceased by use of sickle. On the basis of compliant, FIR is registered, investigation is complete and charge sheet has been filed.

(3.) The case of the prosecution as contained in the charge sheet rests on the oral testimony of CW-2 and CW-3 and it is only these two witnesses who are said to be the eye-witnesses to the incident.