STATE OF KARNATAKA Vs. NAGESHA ALIAS THAYINAGESHA

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment and order dated 17.01.2009 passed by the Presiding Officer, Fast Track Court -II, Bangalore City, in S.C. No.1003/2005 acquitting the respondents/Accused Nos.1 to 3 of the charges levelled against them for the offences punishable under Sections 302, 201 r/w. 34 of IPC.

(2.) DURING the course of this judgment, for the sake of convenience, Respondent Nos.1 to 3 would be referred as Accused Nos.1 to 3, the rank which they held in the trial court.

(3.) ACCUSED Nos. 1 to 3 were chargesheeted for the aforesaid offences alleging that by sharing common intention they have committed the murder of one Naveen Kumar, son of PW.3 -Lakshminarayana by assaulting him with dangerous weapon like club near Railway Bridge on New BEL Road and on 1st Main of Sanjeevappa Colony at about 00.15 hours on 01.08.2005 and thereafter, in order to destroy the material evidence in connection with the said offence, they burnt the blood -stained Jerkin worn by the deceased.