BASAVARAJA Vs. LOKESH AND ORS.

JUDGEMENT

(1.) THE Judgment & Order of acquittal dated 18th June 2011 passed by the Addl. Sessions Judge -cum -Special Judge, Shimoga in Special Case No. 7/2008 is called in question in this appeal.

(2.) CASE of the prosecution in brief is that the deceased Haleshappa used to complain to the Police as well as the Deputy Commissioner, Shimoga and to the Department of Mines & Geology alleging that the accused were illegally carrying on the stone quarrying work and in that regard, the accused had developed vengeance against the deceased Haleshappa. On 27.2.2008, the accused with a common intention to commit murder of the deceased, came in a Maruthi van holding iron chopper and assaulted the deceased on various parts of his body. The deceased succumbed to the injuries. In order to screen themselves from punishment, the accused threw the chopper in to Chandanakere tank and Bhadra left channel. The deceased belongs to Scheduled Caste/Scheduled Tribe community.

(3.) LEARNED advocates appearing on behalf of appellant and Respondent Nos. 1 and 2 as well as the learned Government Pleader for the State argued in support of their respective cases.