K. SRINIVASA MURTHY Vs. STATE

JUDGEMENT

(1.) The petitioners have assailed the correctness of the order dtd. 1/10/2018 passed by LXIV Additional City Civil and Sessions Judge (CCH-65), Bangalore in Crl.A.No.147/2015 by which the appellate Court set aside the judgment of acquittal passed in CC.No.18709/2010 dtd. 19/12/2014.

(2.) The petitioners were tried for the offences punishable under Sec. 403, 405, 406, 415, 418, 420, 503, 504 R/w Sec. 34 of IPC. The petitioners filed Crl. Petition No.7195/2013 challenging the cognizance of the offences taken against them. The said criminal petition was disposed on 11/9/2014 directing the trial Court to conclude the trial within a period of three months. The trial Court thereafter issued notice to the charge sheeted witnesses and noticing that the prosecution had failed to secure the witnesses, acquitted the petitioners of the offence punishable under Sec. 504, 506, 420 R/w Sec. 34 of IPC.

(3.) Being aggrieved by the same, the complainant/respondent No.2 herein filed an appeal before the appellate Court. The appellate Court after perusing the records held as: