J.S. RACHAPPA, J.S. MANJUNATHA AND J.S. SURESH Vs. STATE OF KARNATAKA BY JAGALUR POLICE REP. BY LEARNED STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) THE appellants (hereinafter referred to as 'accused 2 to 4') and accused No. 1 (since dead) were tried for offences punishable under sections 323, 354 and 306 r/w 34 IPC. Accused 1 to 4 were acquitted of an offence punishable under section 306 IPC and they were convicted for offences punishable under sections 323 and 354 IPC. Accused No. 1 is dead. Therefore, accused 2 to 4 have preferred this appeal. I have heard Sri D.P. Mahesh, learned counsel for Sri Reuben Jacob, learned counsel for accused 2 to 4 and Sri B.T. Venkatesh, learned SPP for State.

(2.) THE State had filed Criminal Appeal No. 1273/2005 against acquittal of accused 1 to 4 of an offence punishable under section 306 IPC. This court by judgment dated 23.02.2006 dismissed the appeal and confirmed acquittal of appellants of an offence punishable under section 306 IPC.

(3.) P .W. 1 -Mallikarjunappa is the father of deceased Dakshayini. Accused 1 to 4 are direct brothers and they are sons of Vishalakshamma, who is the elder sister of P.W. 1. The elder sister of P.W. 1 (Vishalakshamma) was given in marriage to one Sharanappa, who is the nephew of father of P.W. 1. Accused 1 to 4 are maternal nephews of P.W. 1 -Mallikarjunappa. P.W. 1 and accused are closely related. There were certain disputes between them and they were not cordial since 20 years prior to the date of incident.