STATE OF KARNATAKA REP. BY SULLIA POLICE Vs. H.T. TATA MURTHY S/O H.S. TIPPAIAH, P. GOVINDA BHAT S/O NARAYANA BHAT AND JAYAPPA S/O SOMAPPA

JUDGEMENT

(1.) THE State has filed this appeal against acquittal of Respondents 1 and 3 (hereinafter referred to as 'accused 1 and 3') for offences punishable under Sections 468, 420 and 409 r/w 34 IPC and acquittal of Respondent No. 2 (hereinafter referred to as 'accused No. 2') for an offence punishable under Section 468 IPC in C.C. No. 1073/1997, on the file of Civil Judge (Jr. Dn.) and JMFC at Sullia. The learned trial Judge convicted accused No. 2 for offences punishable under Sections 420 and 409 IPC. Accused No. 2 challenged the judgment of conviction in Criminal Appeal No. 371/2005. The learned Judge of I -appellate court accepted the appeal and acquitted accused No. 2 for offences punishable under Sections 409 and 420 IPC.

(2.) SRI G. Bhavani Singh, learned State Public Prosecutor has filed a memo to the effect that the State has not challenged acquittal of accused No. 2 made in Criminal Appeal No. 371/2005 for offences punishable under Sections 409 and 420 IPC.

(3.) IN brief, the case of prosecution is as follows: