STATE Vs. VARUN A. DEVADIGA

JUDGEMENT

(1.) THE respondents were arrayed as accused No. 2 to 4 in S.C. No. 698/2006. They were tried along with accused No. 1. Accused No. 1 B.K. Naveen Kumar jumped bail and he was absconding. Therefore, case against him was separated.

(2.) WE have heard Sri Vijaykumar Majage, learned Government Pleader for the State.

(3.) IT is obvious from the above narration that accused No. 1 -B.K. Naveenkumar against whom a case was separated had caused the death of Murugan by stabbing on his chest with a knife. The respondents herein (accused Nos. 2 to 4) are alleged to have shared a common intention with accused No. 1. Therefore, they were charged for an offence punishable under Section 302 r/w Section 34 IPC. In the circumstances, crucial point for consideration is whether accused Nos. 2 to 4 (respondents herein) had shared common intention with accused No. 1 and in furtherance of such common intention accused No. 1 stabbed on the chest of deceased -Murugan and caused his death.