DEVANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) FIR was registered for the offences punishable under Ss. 506, 504, 143, 147, 148, 149, 324, 323 and Ss. 3(1)(X) of SC and ST (Prevention of Atrocities) Act, 1989.

(2.) In the FIR, it was alleged that, the appellants herein assaulted CW1 and CW5. The police, during the course of investigation, recorded the statement of CW5 and other witnesses. Based on the statements of the said witnesses, who had stated that, they did not see the presence of the appellants herein as on the date of incident, the police dropped the appellants from the charge sheet. However, during the trial, CW1 was examined on behalf of the prosecution, and he stated the presence of the appellants-herein, and their overt acts caused to CW5. The learned Sessions Judge based on the statement of CW1, on the application filed by the prosecution under Sec. 319 of Cr.PC, arraigned the appellants-herein as accused Nos.4 and 5. Hence, this petition.

(3.) The learned counsel for the appellants submits that, the injured - CW5 has not categorically whispered the presence, and overt act of the appellants. Hence, the impugned order passed by the learned Sessions Judge based on the statement of CW1 is not sustainable.