STATE AND ORS. Vs. RAMANANDA SHETTY AND ORS.

JUDGEMENT

(1.) The Judgment & Order dated 6th May 2009 passed by the Sessions Judge, Udupi in S.C. No. 17/2001 is the subject matter of these appeals. By the impugned Judgment, the trial Court convicted Accused Nos. 1 to 3 and 5 for the offence punishable under Section 304 Part II of IPC and sentenced them to undergo imprisonment for three years and to pay a fine of Rs. 15,000/- each. By the very judgment, Accused Nos. 1 to 3, 5, 7 to 13 and 15 to 21 are acquitted of the charges levelled against them for the offences punishable under Sections 143, 144, 148 and 302 r/w Section 149 of IPC.

(2.) Case of the prosecution in brief is that some of the Environmentalists called for bandh of Brahmavar town on 21.12.1995 and 22.12.1995 protesting against the establishment of Ushasispot Iron and Steel factory and also against the action of discharge of effluents by MRPL company, Mangalore in river; that majority of Environmentalists who participated in the bandh were stated to be from Bharatiya Janatha Party; Accused Nos. 1 to 21 were stated to be supporters of Janata Dal political party; they were against such protest by Environmentalists and they were pro-development.

(3.) It is relevant to note that after registration of the crime, the investigation was handed over by PW.48 to PW.47 on 28.12.1995 inasmuch as certain allegations were made against PW.48 to the effect that he was not investigating the crime fairly and as per law. However the Investigating Officer - PW.47 handed over the investigation to CoD on 1.2.1996. Thereafter the Investigating Officers viz., PWs. 44, 45 and 43 investigated into the crime. Ultimately, PW.43 completed the investigation and laid the charge sheet.