STATE REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE, CHINTHAMANI SUB-DIVISION CHINTHAMANI Vs. VIJAYA KUMAR S/O SRI KENCHAPPA

JUDGEMENT

(1.) DELAY condoned. IA.I/07 is allowed. Heard for Admission. 1. The State has filed this appeal against the judgment and order of acquittal passed by II Addl. Sessions Court, Kolar in S.C. No. 165/2004. By the impugned judgment and order, the accused arc acquitted of the offences punishable under Sections 302, 201 of IPC and under Section 3(2)(v) of SC/ST (POA) Act, 1989 r/w 34 of IPC.

(2.) THE case of the prosecution in brief is that while deceased Venkatarayappa was taking meals, he was calied by accused No. 2 saying that he would provide him drinks and took him to the garden land of accused No. l. Thereafter, both the accused allegedly murdered Venkatarayappa by assaulting him on his head with an iron rod. Accused were tried for the offences punishable under Sections 302, 201 of IPC and Section 3(2)(v) of SC/ST(POA) Act 1989, inasmuch as, deceased Venkatarayappa was belonging to community of Schedule caste.

(3.) PWS -2, 3 and 4 turned hostile to the case of the prosecution. The only two circumstances against the accused that arise in the matter are: a. Accused No. 2 called the deceased for taking drinks and dinner & b. Accused Nos. 1 and 2 were found with the deceased in the house of Ajjappa,