STATE OF KARNATAKA Vs. ASHOK KUMAR ALIAS ASHOK

JUDGEMENT

(1.) THIS is an appeal filed by the State under Section 378 (1) & (3) of Code of Criminal Procedure challenging the judgment dated 07.07.2008 made in S.C.No.11/2007 on the file of Fast Track Court at Tumkur, acquitting the accused for the offences punishable under Sections 3, 4 & 6 of D.P.Act and Sections 498 -A, 304 -B, 306 r/w Section 34 of Indian Penal Code.

(2.) BRIEF facts of the case leading to filing of the appeal may be stated as under:

(3.) DURING the course of investigation, accused Nos.1 and 2 were arrested on 06.07.2006 and released on bail on 26.07.2006. Accused Nos.3 and 4 obtained anticipatory bail in Crl.Misc.No.443/2006 on the file of Sessions Court at Tumkur. After investigation was over, charge sheet came to be laid against accused Nos.1 and 2 for the offences punishable under Sections 3, 4 and 6 of D.P.Act and Sections 498 -A, 304 -B, 306 r/w Section 34 of IPC, by giving up Accused Nos.3 and 4. The trial Court committed the accused Nos.1 and 2 to take trial before the Court of Session. On receipt of the committal record, the case was registered in S.C.11/2007 on the file of Sessions Court at Tumkur. It was assigned to the Fast Track Court. Both the accused pleaded not guilty and claimed to be tried.