RAGHAVENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned High Court Government Pleader for the first respondent -State. Perused the records.

(2.) THE petition is filed seeking for quashing of the entire proceedings against the petitioner in SC No. 839/2012 on the file of the Presiding Officer, Fast Track Sessions Court I, Bangalore City, for the offences punishable under sections 302, 392 and 201 of Indian Panel Code.

(3.) IT is submitted by the learned counsel for the petitioner that accused No. 3 was tried for the above said offences in SC No. 166/2010 and the learned Sessions Judge, vide judgment dated 20.11.2012, after due trial, acquitted accused No. 3 for the alleged offences. It is contended that accused Nos. 1 and 3 are charged with the same offences by the Police under section 34 of IPC and since the case against accused No. 3 has already been concluded, the present petitioner is also entitled for the same benefit. Further, it is submitted that evidence has been led by the prosecution against A1 also. But, none of the witnesses have supported the case of the prosecution. Consequently, A3 was acquitted, the same benefit has to be extended so far as the petitioner/accused No. 1 is concerned.