ASLAM Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27.12.2006 passed by the Preceding Officer, Fast Track Court-IV, Mandya in S.C. No. 18/2005.

(2.) Appellants-1 to 4 were Accused Nos. 1, 2, 4 and 5 before the Trial Court. They along with two other persons were charge-sheeted for the offences punishable under Sections 143, 148, 302, 201 r/w. 149 of IPC on the allegation that, in the intervening night of 14th and 15th August 2004 the accused persons forming themselves into an unlawful assembly with a common object of committing murder of the deceased Prakash alias Hebbuli S/o. Sri. Nagaraju-PW. 1, and in furtherance of said common object, assaulted the said Prakash with clubs and wooden plank in front of the petty shops situated in the bus stand circle in Arkere Town, dragged him towards college and killed him, and thereby the accused persons have committed the aforesaid offences.

(3.) The accused persons pleaded not guilty for the charges levelled against them and claimed to be tried. The prosecution in order to bring home the guilt of the accused persons, examined P Ws. 1 to 24 and marked Exs. P1 to P22 and Mos. 1 to 5. The defence of the accused persons was one of total denial and that of false implication. The accused persons did not choose to lead any defence evidence.