VENKOBA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the appellants and the learned Government Pleader for the respondent.

(2.) THE appellants were the accused before the Trial Court. The facts of the case are as follows:

(3.) THE learned counsel for the appellants would submit that the law is well settled that in the event of a case and counter case, the manner in which the trial would have to be conducted is well settled by the Apex Court and that procedure not having been followed in the absence of any reasoning afforded by the Court below, except pointing out to the difference in time, could not have enabled to ignore the case filed by the appellants and that was admittedly pending adjudication before the Court of Magistrate. The learned counsel would submit that this is the other infirmity on which the Court below has failed to address itself to the circumstances of the case, namely that there was enmity between the complainant who belonged to one community and the appellants-accused, to whom they were all inimically disposed, though the appellants did not belong to any Scheduled Caste or Scheduled Tribe.