PARASHURAMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants were arrayed as accused 1 & 5 to 8 (hereinafter referred as 'accused 1 & 5 to 8') in S.C. No. 170/2005. Accused No. 2 was absconding. Therefore, case against accused No. 2 was separated. Accused 3 & 4 died during pendency of trial. Therefore, case against accused 3 & 4 abated. Accused 1 & 5 to 8 were tried for offences punishable under sections 143, 147, 148, 448, 436 & 427 r/w 149 IPC. Therefore, they are before this court. I have heard Sri G. Jairaj, learned counsel for accused 1 & 5 to 8 and Sri B. Visweswaraiah, learned HCGP for State.

(2.) IT is the case of prosecution, at about 7 a.m.. on 26.07.2002, a Maruti Van of P.W. 6 -Narayanappa was set on fire and household articles of P.W. 6 were damaged and ransacked by accused 1 & 5 to 8 in his house in Doddabele village, within the jurisdiction of Bidadi Police Station. The incident was the aftermath of the murder of one Kailash, on 25.07.2002. The said Kailash is the elder brother of accused 1, 3 &5.

(3.) P .W. 1 -Galappa, who is alleged to have witnessed the incident, has not supported the case of prosecution. P.W. 1 was declared as a hostile witness.