THE STATE Vs. ARVIND AND ORS.

JUDGEMENT

(1.) This appeal is preferred by the State through Aland police station being aggrieved by the judgment and order of acquittal dated 13.3.2008 passed by the Fast Track Court-V, Gulbarga, in S.C. No.296/2005 acquitting the respondents-accused of the offences punishable under sections 120B, 109, 143, 147, 148, 341, 302 read with section 149 of IPC.

(2.) The appellant has preferred the appeal on the grounds urged at Sl. Nos.1 to 18 of the appeal memorandum.

(3.) C.W.1-Lingaraj @ Shrishail, son of Shankarrao Denki, resident of Kadaganchi village, permanently residing at Gulbarga lodged a complaint as per Ex.P.1 stating that there is one Sri. Shantalingeshwar Mutt in Kadaganchi village and Gadigeyya Gurushanthaiah, the Matadhipathi of the said Mutt expired and thereafter, as per the customs and traditions of the Mutt, Sri. Somayya Swamy ought to have been brought as Matadhipathi to the said Mutt, instead, one Veerabhadrashivacharya of Matamari village, District Raichur was brought as a Matadhipathi at the instance of one Karabasappa s/o.Shivabasappa Naroni and Sri. Somayya Swamy had been made to leave the Kadaganchi village. Due to this development, it led to disturbance of peace and harmony in the village. Sri. Shantalingeshwar Mutt was having the landed property of about 150-160 acres and Karabasappa Naroni himself was enjoying the income of the said Mutt. For this reason, Revanasiddappa, the elder brother of the complainant, and some leaders in the village were opposing the act of Karabasappa Naroni. Karabasappa Shivappa Naroni started to trouble some of the persons in the village and the said Karabasappa Naroni was murdered at Gulbarga in 1984. In the said case, Revanasiddappa, the elder brother of the complainant, who is deceased in this case, was also one of the accused and in the year 1987, Revanasiddappa was acquitted from the case. In connection with death of Karabasappa, the brothers and relatives of Karabasappa started their illegal acts and attrocities and caused loss to the properties of the complainant. Thereafter, one Arvind Basannappa Naroni, the nephew of Karabasappa Naroni formed a group in the village. In the year 1989, one Iranna Khyar was murdered. In the said case, Arvind Naroni was the main accused along with others and then, all the accused were acquitted from the said case. In the year 1994, there was double murder. In the year 1995 also, again, there was double murder. Even in that case also, Arvind Naroni, Chandrakanth Naroni, Gangadhar, Machendra Naroni, Vittal Naroni, Satish Naroni, Shanthappa Naroni and others were the accused persons, and the persons, who were murdered, were the supporters of Revanasiddappa Denki. Since 20 years, the said persons were having enmity with Revanasiddappa, the brother of the complainant and made an attempt to commit his murder. In the complaint, the complainant has stated that he suspects that the said persons have committed the murder of his brother.