STATE OF KARNATAKA Vs. UNNAMALAI AND ORS.

JUDGEMENT

(1.) THE judgment and order of acquittal dated 11.11.2011 passed by the Fast Track Court, Bangalore City in SC No. 406/2011 is called in question in this appeal by the State.

(2.) THE Trial Court has tried and acquitted the accused for the offences punishable under Sections 302, 201 read with Section 34 of IPC.

(3.) SINCE accused No. 2 did not like the deceased going to the house of his second wife -PW3, she hatched a plan along with accused Nos. 1, 3 and 4 to do away the life of the deceased, who was drunkard; on the date of incident, i.e. on 25.10.2010, the deceased came from out side after consuming the liquor as usual; at that time, accused Nos. 3 and 4 were also inside the house and they made him to drink liquor; when the deceased was kept on the spot for having dinner, accused No. 3 strangulated the neck of the deceased with the plastic rope; accused No. 4 held the legs of deceased tightly; accused No. 1 held the hands of the deceased and accused No. 2 not only stabbed with the knife on the neck, but also cut off the private part of the deceased, the deceased died on the spot with bleeding injury; the incident is witnessed by PW2, minor daughter of the deceased and accused No. 2.