STATE AND ORS. Vs. MOGANNA SHETTY AND ORS.

JUDGEMENT

(1.) The Judgment & Order dated 23rd July 2011 passed by the Prl. Sessions Judge, Mysore in S.C. No. 124/2009 is the subject matter of these three appeals. By the impugned Judgment, the Court below has acquitted Accused No. 3 of all the charges levelled against him and convicted Accused Nos. 1,2,4 and 5 for the offences punishable under Ss. 324 and 326 r/w Section -34 of IPC. By the very Judgment, the trial Court has also acquitted Accused Nos. 1,2,4 and 5 for the offences under Ss. 143, 147, 148, 307 r/w Sec. 149 of IPC.

(2.) Case of the prosecution in brief is that the injured as well as the accused were residents of Sagarakatte village, Mysore taluk, which comes under the jurisdiction of Yelwala Police Station; about one week prior to the incident in question, Mr. Nagesha s/o Shivanna took Smt. Vasantha D/o Rajanna and both of them were not in the village; in that connection, family members of Vasantha have given complaint to the Police; the complainant herein -Somashekhara and his brother Jagadeesha were helping the family members of Vasantha to go to the Police Station and lodge the complaint; in that regard, the accused has got ill -will against the complainant in the present matter and his brother Jagadeesha (PW.1). It is relevant to note that Nagesha s/o Shivanna who had taken Ms. Vasantha from the village is a close relative of Accused No. 1 and his family.

(3.) In order to prove its case, the prosecution in all examined 10 witnesses and got marked 17 Exhibits and 7 Material Objects. On behalf of the defence, 6 Exhibits were got marked. Accused No. 2 got himself examined as DW.1.