NARASEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellants are accused Nos.1 and 2 in SC.No.5024/2015 on the file of II Addl. District and Sessions Judge, Ramanagara to sit at Kanakapura. They have challenged the validity of the judgment dated 22.06.2016, whereby the accused persons are convicted for the offences punishable under Sections 143, 147, 323, 302, and 201 r/w Section 149 of IPC.

(2.) Brief facts which are necessary for the disposal of this appeal are as under:

(3.) The trial was held in SC.No.82/2003 by the Prl. District and Sessions Judge, Bangalore Rural District; evidence of 29 witnesses were recorded as P.W.1 to P.W.29. When the matter was set down for recording the statement of accused persons, these appellants fled away from the justice and they were treated as absconding accused and the Investigation Agency was directed to file a split up charge sheet against the appellants. After such direction, learned Prl. District and Sessions Judge heard the matter on merits insofar as accused Nos.3 to 9 are concerned and passed an order of acquittal. State did not appeal against said order of acquittal. Thereafter, the accused persons were apprehended and they proceeded with trial in SC.No.154/2006.