LAWS(KAR)-2014-4-292

STATE Vs. PRAKASH

Decided On April 16, 2014
STATE Appellant
V/S
PRAKASH Respondents

JUDGEMENT

(1.) THIS is an appeal filed by the State under Section 378(1) and (3) of Cr.P.C., challenging the judgment dated 31.05.2010 made in S.C.No.1020/2007 on the file the Presiding Officer, Fast Track Court -IX, Bangalore, acquitting the respondents accused for the offences punishable under Sections 143, 147, 148, 307 and 324 read with Section 149 of IPC.

(2.) FOR the purpose of convenience, the respondent Nos.1 to 6 are hereinafter referred to as the accused Nos.1 to 6 as arraigned in the Sessions Court before the Trial Court.

(3.) BRIEF facts of the case leading to the filing of the appeal may be stated as under: - When P.W.6 Kallappa the Police Constable of Kamakshipalya Police station was on his night -beet duty, he received a phone message from the police station that an injured person was taking treatment in Ashraya Hospital. Thereafter, P.W.6 visited the said hospital and after taking permission and consent from the Medical Officer, he recorded statement of the injured by name Kumar P.W.1 in the presence of the Doctor. On the basis of the said statement, a case was registered in Cr.No.1/2007 against Prakash, Mayanna and four other unknown persons for the offences punishable under Sections 143, 147, 148 and 307 read with Section 149 of IPC.