STATE Vs. BYRAREDDY, KRISHNAREDDY AND NARAYANASWAMI

JUDGEMENT

(1.) SINCE , it is proposed to dispose of the main appeal itself, heard on IA No. 1/2013. For the reasons stated in the affidavit accompanying the application, the delay of 15 days caused in filing the appeal is condoned. Heard Sri. G.M. Srinivasa Reddy, learned HCGP regarding the merits of the case.

(2.) THIS appeal has been filed challenging the judgment dated 26.11.2012 passed by the District and Session Judge, Chikkaballapur in Spl. S.C. No. 1/2009 acquitting the respondents/accused for the offence punishable under Sections 323, 324 r/w 34 IPC and Section 3(1)(iv)(v)(x) of SC/ST (POA) Act, 1989.

(3.) AFTER the charge sheet was filed, the prosecution in order to prove its case has examined in all 13 witnesses as PW1 to 13 and got marked Exs. P1 to 9 and produced MO. 1 -Chopper (matchu). The defence of accused is one of total denial. However, they have got marked Ex -D1 being the portion of Statement of PW -3. The learned Sessions Judge after hearing the parties has held that the prosecution has not been able to prove the case beyond reasonable doubt and acquitted the accused of the offence. Being aggrieved by the said order, the State has filed this appeal.