STATE Vs. CHANDRASHEKAR SON OF THIRUVENKATA SHETTY

JUDGEMENT

(1.) THIS is an appeal filed by the State under Section 378 (1) & (3) of Cr.P.C challenging the judgment dated 02.04.2009 made in S.C.No.143/2003 on the file of Principal Sessions Judge, Bangalore Rural District, Bangalore, acquitting the respondents -accused for the offences punishable under Sections 143, 147, 148, 120B, 364, 342, 109, 302 r/w Section 149 OF IPC.

(2.) FOR the purpose of convenience, and better understanding, 'the respondents 1 to 7' are hereinafter referred to as 'the accused Nos.1, 3, 4, 5, 6, 7 and 8' as arraigned in the sessions case before the Trial Court.

(3.) BRIEF facts of the case leading to the filing of the appeal may be stated as under: Accused No.1 is elder brother of accused No.3. PW10 -Anuradha, is the daughter of accused No.3. Accused No.8 is related to accused Nos.1, 3 and 4. Accused No.7 is the driver by profession. It is the case of the prosecution that the accused in pursuance of their common intention abducted Jagannath brother of PW1 and wrongly confined and murdered on the ground that the deceased Jagannath was in love with PW10 -Anuradha (daughter of accused No.3), which was opposed by accused No.3 and his family members. It is alleged that the accused including the split up accused No.2 conspired on 2.07.1996 at about 8.15 p.m. It is stated that the accused came in a Maruti Van bearing registration No.KA - 04 M 1731 and kidnapped deceased Jagannath, when he was speaking to PW10 (CW17); wrongfully confined him for 2 days and assaulted all over his body and killed him in the farm house of accused No.1. PW1 -Ranganath, initially lodged a missing complaint with K.P.Agrahara Police Station. After the dead body of Jagannath was traced on 04.07.1996. PW1 lodged a report against the accused with police as per Ex.P14. After registering the case, the police took up investigation. Accused Nos.3 and 4 were arrested on 06.07.1996; whereas accused Nos.1 and 6 were arrested on 18.07.1996 and 07.08.1997 respectively. After the investigation was over, the Investigating Officer lodged charge sheet against the accused for the offences punishable under Sections 143, 147, 148, 120B, 364, 342, 109, 302 r/w Section 149 of IPC. The case was committed to Sessions Court for trial. The accused have denied all the charges levelled against them.