STATE OF MYSORE Vs. LAXMAN SHARANAPPA SHIRAGUPPA

JUDGEMENT

(1.) THE State has filed this appeal against the acquittal of the two accused persons by the Additional Sessions Judge, Bijapur, in Session Case No. 96/1961.

(2.) LAXMAN Sharanappa Shirguppi and Gurappa Shidramappa Shirguppi, the respondents in this appeal, were charged with the offence the committing murder of Bhimashya Ramdas Mangasuli, on or about 11 -8 -1961 at about 9 A.M. near a bund in R.S. No. 76/3B of Takkalki village, in furtherance of their common intention to commit the murder. The charge further stated that A -1 Laxman Sharappa Shirguppi beat the deceased with the axe and that A -2 Gurappa Shidramappa Shirguppi beat the deceased with a stick and thus both of them caused the death of Bhimashya and thereby committed and offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

(3.) AT the commencement of the hearing of this appeal, Mr. B. V. Krishnaswamy Rao, the learned counsel for the respondents -accused, raised a preliminary objection that the appeal was barred by time and that the state had not shown sufficient cause for condoning the delay in filing the appeal.