STATE OF KARNATAKA Vs. AKBAR

JUDGEMENT

(1.) Heard the learned Additional State Public Prosecutor and the learned counsel for the respondent.

(2.) The State is in appeal aggrieved by the acquittal of the respondents for offences punishable under Sections 279, 337, 338 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.', for brevity) and under Section 134-A and B read with Section 187 of the Motor Vehicles Act, 1988 (hereinafter referred to as the MV Act , for brevity).

(3.) The learned Additional State Public Prosecutor would point out that though the prosecution had taken great pains to establish its case beyond all reasonable doubt and there is ample material on record to bring home the charges, the court below, by a cryptic judgment, acquitted the accused while holding that the only evidence in support of the prosecution was that of PWs3, 5 and 10, who were all inmates of the vehicle in which the deceased were also present and therefore, they were interested witnesses in bringing home the charges of the prosecution and hence, their evidence has been rejected without discussing the material evidence on record and the merits and demerits of the case and hence, he would submit that the judgment be set-aside and the accused be convicted on the basis of the material that is available, which the learned Additional State Public Prosecutor would seek to take this court through.