STATE Vs. G N SHANKAREGOWDA,

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment and order dated 26.11.2008 passed in S.C.No.112/2004 by the Presiding Officer, Fast Track Court - IV, Tumkur, acquitting the respondents, who were Accused Nos. 1 to 4 and 6 to 8, of the charges levelled against them for the offences punishable under Sections 143, 147, 148, 341, 324 & 302 r/w. 149 IPC.

(2.) THE case of the prosecution in brief, as projected before the trial court, was as under: -

(3.) WHEN the injured Gangadhara Gowda was taken to the General Hospital, Turuvekere, he was examined by a Doctor, and on examination, the Doctor declared him brought dead at about 11.00 p.m. Thereafter, a memo as to the deceased having been brought dead, as per Ex.P7, was sent to the jurisdictional police by the medical officer, PHC, Turuvekere. On receipt of Ex.P7 at 3.15 am. on 15.09.2003, the police altered the offence punishable under Section 307 IPC to 302 IPC and proceeded with the investigation. In the meanwhile, PW.29 -V.Sridhar, Circle Inspector, Turuvekere, after receiving information from PW.22 -Anjanappa about the galata going on in Goni Tumkur Village, went to the said village along with the staff at about 10.45 p.m. and saw a Tractor and four two wheelers burning in front of a temple and also saw pelting stones on the house and he also noticed fire engine coming to the spot and trying to extinguish the fire. While he was camping in Goni Tumkur, Turuvekere Village, at about 3.15 a.m. on 15.04.2003, he received information through wireless that the injured Gangadhara Gowda has died. He was also informed that the public had gathered in front of the Police Station and are making galata. Therefore, he immediately went back to Turuvekere, took -up investigation of the case. As, by then the memo regarding death of Gangadhara Gowda had already been received by the SHO - PW.29 conducted inquest over the dead body in the presence of panchas and later subjected the dead body to post -mortem examination. He also visited the scene of occurrence and conducted spot -mahazar in the presence of the panchas, collected blood -stained mud and sample mud as per MOs. 9 and 10, a Bamboo Club and a chopper from the scene of occurrence as per MOs. 1 and 2 by drawing mahazar - Ex.P2. PW.27 -Dr. B.V. Channabasavaiah conducted Autopsy over the dead body. During post -mortem examination, he noticed two external injuries and submitted post -mortem report as per Ex.P14 and opined that the cause of death was due to injury to left common carotid artery leading to Hypolyolumus -Secondary to Bleeding leading to Cardiac Failure due to Incised Stab Injury. The clothes found on the dead body were also seized as per MOs. 3 to 7 under mahazar -Ex.P4. The photographs of the dead body were also taken -out with the help of a photographer. During investigation, Accused Nos. 1 to 5 and 8 were apprehended on 15.09.2003. During investigation, it was revealed that PW.7 -Kumara was also assaulted by the accused when he came near the place where Gangadhara Gowda was assaulted and he has taken treatment for the injuries suffered by him. During investigation, PW.29 recorded the statements of the witnesses. On 17.09.2003 Accused No.7 came to be arrested. On production of the arrested accused before the jurisdictional Magistrate, they were initially remanded to judicial custody. On completion of investigation, PW29 laid the charge sheet. During investigation, it was revealed that on the basis of the report lodged by Accused No.3 -Ramegowda before PW.22 in the early hours of 15.09.2003, case in Crime No.160/2003 came to be registered against PW.1 -Rangegowda in this case and others for the offences punishable under Sections 143, 147, 148, 427, 435, 324, 307 r/w. 149 IPC and investigation as to the allegations made in the said case was conducted by different Investigating Officers, who on completion of investigation also laid the charge sheet, which on committal, came to be registered as S.C. No.86/2005.