STATE OF KARNATAKA Vs. GOVARDHANA MURTHY @ GOVARDHAN

JUDGEMENT

(1.) This appeal is filed by the complainant-State challenging the judgment and order of acquittal dated 26.12.2012 passed in Sessions Case No.229/2009 on the file of Principal Sessions Judge, Bengaluru Rural District, Bengaluru, acquitting the accused restricting the challenge only against accused No.1 for the offences punishable under Sections 120B, 212, 302, 147, 148, 149, 506B of the Indian Penal Code, 1860 ('IPC' for short) and Section 27 of the Indian Arms Act, 1959 ('Arms Act' for short).

(2.) The factual matrix of the case is that, based on the statement of one Sri Shankara Reddy, the Police Sub Inspector of Bagalur Police Station has registered a case in Crime No.38/2008 against accused Nos.1 to 7 for the offence punishable under Section 307 of IPC and Sections 3, 27 and 28 of Arms Act at the first instance. The injured in the incident was succumbed to the injuries. Hence, the offence under Section 302 of IPC is also invoked.

(3.) In a nutshell, it is the case of the prosecution that the first accused and the deceased Vinod, both belong to the same community and the first accused is the owner of L.G.Builders and Developers/Real Estate Company. The deceased was an actor in Kannada movies and he was engaged in real estate business with C.W.1-Shankara Reddy. The first accused intended to marry the daughter of C.W.25- Dr. Shantha Kumar, which was not to the liking of the family of C.W.25-Dr. Shantha Kumar and they negotiated for alliance with the deceased and the same irked the first accused. Apart from that, the deceased Vinod, was a competitor to the first accused in real estate business, which prompted the accused to entertain enimity against the deceased and hatched up the plan to finish the deceased Vinod.