STATE BY RURAL POLICE STATION SHIMOGA Vs. GIRISHA

JUDGEMENT

(1.) THIS appeal filed under Section 378 (1) & (3) of Code of Criminal Procedure by the State is directed against the judgment and order dated 04.11.2008 passed by the Additional Sessions Judge, Shimoga in S.C.No.46/2008, acquitting the respondent -accused No.1 of the charge leveled against him for the offence punishable under Section 302 r/w Section 34 of Indian Penal Code (for short IPC).

(2.) DURING the course of judgment, respondent herein would be referred to as accused No.1, the rank which he held in the Trial Court.

(3.) THE accused No.1 along with his brother Ganjendra arraigned as accused No.2 was charge sheeted by Rural Police, Shimoga for the offence punishable under Section 302 r/w Section 34 of IPC alleging that in the background of civil dispute regarding the land, accused Nos.1 and 2 by sharing common intention of committing murder of deceased Gururaj, husband of PW1 -Manjula, assaulted him with a chopper and club at about 1.30 p.m. on 08.02.2006, while the deceased was working in the land bearing Sy.No.5/2 of Islapura Village near Shimoga.