DEVARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and the learned Government Pleader and the petition is disposed of finally in view of the short point involved for consideration.

(2.) The Petitioner's grievance is that, he and 14 other accused persons were the accused in Cr. No. 224/1999 in respect of the offences punishable under Sections 143, 147, 148, 323, 324, 326, 504, 506, 307 r/w 149 of IPC and the case against the accused persons other than the present Petitioner was taken up for trial in S.C. No. 44/03 and the accused persons in the said case were all acquitted on the ground that the material witnesses for the prosecution had turned hostile and the judgment of acquittal therefore was the result.

(3.) Referring to the aforesaid judgment in the Sessions Case No. 44/ 03, submission now made is that, no purpose would be served in putting the present Petitioner also on trial as the evidence is the same that led to the acquittal of all the other accused persons. Merely because a split up charge-sheet is now filed against the present Petitioner, no purpose would be served in permitting the proceedings to go on against the Petitioner when the case ended in acquittal in respect of other accused persons.