STATE OF KARNATAKA Vs. MANJUNATH AND ORS.

JUDGEMENT

(1.) THE judgment and order of acquittal dated 19.3.2012 passed by FTC -V, Bangalore City in Sessions Case No. 875/2011 is called in question by the State.

(2.) CHARGE Sheet came to be filed against six accused for the offences under Section 307 r/w 34 of IPC with an allegation that all the accused assaulted the victim PW7 with knife and stones at about 8.30 p.m. on 4.7.2010 in front of Bramha Lingeshwara Stores. Trial was not held as against accused No. 3 inasmuch as, he has absconded. The case against accused Nos. 4 and 6 was also split up since they also absconded subsequently. Thus, the trial of a Sessions Case No. 875/2011 proceeded only against accused Nos. 1, 2 and 5 namely Manjunath @ Thaple @ Machha, Krishna @ Benne and Naveen @ Keecha. The trial Court acquitted the accused by giving benefit of doubt in their favour.

(3.) IMMEDIATELY after the incident, PWs.4 and 5 the friends of PW7 who were standing and watching the incident in question rushed to the spot, shifted him to DG Hospital, Bangalore, wherein the injured PW7 took treatment as an inpatient from 5.7.2010 to 12.7.2010. In the meanwhile, the first information came to be lodged by PW4 as per Ex. P6 before Channammanakere Acchukattu police station (CK Acchukattu police station). The PSI attached to said police station (PW13) received the complaint lodged by PW4 and registered Crime No. 242/2010 at about 10.45 p.m. The FIR as per Ex. P12 was prepared and the same was sent to jurisdictional Magistrate which reached the Magistrate at 11.00 a.m. on 5.7.2010. The Inspector of Police (CW 26) completed the investigation and laid the charge sheet.