LAWS(KAR)-2020-2-80

STATE OF KARNATAKA Vs. MAHESH KUMAR

Decided On February 28, 2020
STATE OF KARNATAKA Appellant
V/S
MAHESH KUMAR Respondents

JUDGEMENT

(1.) This appeal is by the State represented by Doddaballapur Town Police in challenge to the judgment and order of acquittal dated 26.10.2013 passed in SC.No.6/2011.

(2.) The aforesaid proceedings is initiated pursuant to the complaint filed in Crime No.98/2010 registered on 30.8.2010 as a missing complaint. Subsequently, on a further complaint given on the same day at about 2.10 pm., it is registered for the offences punishable under Sections 302 and 201 of IPC. In both the complaints accusation is against unknown persons but, after investigation, the police have filed charge sheet on 8.11.2010 for offences punishable under Sections 143, 147, 302, 201 r/w 149 of IPC against accused Nos.2 to 5 and other two persons (accused Nos.1 and 6).

(3.) Incidentally, accused Nos.1 and 6 were minors as on that day. Hence, they are considered as juvenile offenders and their case was separated and sent to Juvenile Court for consideration in accordance with law. So far as accused Nos.2 to 5 are concerned, charge sheet which was filed was committed to Sessions Court, where the same was registered in SC.No.6/2011. In the said proceedings, the accused persons who were already in custody were secured before the Court below, subsequently charges were framed, for which they pleaded not guilty and prayed to be tried. Thereafter, the matter went into trial.