STATE OF KARNATAKA Vs. M SRINIVAS

JUDGEMENT

(1.) This appeal is directed against the Judgment of acquittal dated 11th July 2008 in S.C. No.190/2007 on the file of the Fast Track Court-II at Kolar, whereby the learned Sessions Judge found the accused Nos.1, 3 and 4 are not guilty for the offences under Sections 302, 323 and 506 r/w Section 34 of I.P.C. Accordingly, they were acquitted under Section 235(1) of Code of Criminal Procedure.

(2.) Aggrieved by the Judgment of acquittal in so far as involvement of accused No.1 is concerned, the State represented by Kolar Police filed this appeal.

(3.) Brief facts of the case are as hereunder: On 18.11.2006 at about 8.30 p.m. the respondent/accused along with other accused committed murder of the deceased Muralidhar by assaulting him with sickle and long sickle and caused hurt to PW-26 Narayana Swamy and threatened him with dire consequences. On the complaint given by PW-1 Ramesh, the Kolar Rural Police registered a case in Crime No. 312/2006 against the accused/respondent and other accused. The Trial Court split up the case against 2nd accused as he was found absconding and proceeded with trial against the respondent/accused No.1 and accused Nos.3 and 4.