HARISH BOREGOWDA AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) THE judgment and order of acquittal dated 23rd December 2010 passed by Fast Track Court -XVII, Bangalore City in S.C. No. 61/2010 is the subject matters of these two appeals.

(2.) THE case of the prosecution in brief is that accused No. 2 being the wife of the complainant/PW -1 developed intimacy with accused No. 1 who was working with accused No. 2 in the same company M/s. Cbay Systems (India) Pvt. Limited; since there was no harmony between the complainant and accused No. 2 in the marital relationship, accused No. 2 wanted to part with the company of the complainant and marry accused No. 1; accused No. 2 having felt that the complainant was hurdle for their marriage, planned with accused No. 1 to do away with the life of the complainant(PW -1), they engaged the services of accused Nos. 3 and 4 for assaulting the complainant (husband of accused No. 2); accordingly, at about 7.30 a.m. on 1.9.2008, when the complainant had been to morning walk, at Goodwill Apartments, Chandra Layout, accused Nos. 3 and 4 assaulted the complainant with club and ran away on Yamaha motor cycle. The wound certificate Ex -P9 discloses that the victim/PW -1 has sustained fractures.

(3.) AFTER taking the Court through the material on record, Sri. P.N. Hedge, learned counsel appearing on behalf of the victim drew the attention of the Court to certain observations made by the trial court in para 18 and 19 of its judgment which run contrary to the actual facts. By raising preliminary point, Sri. Hedge prays the Court to remit the matter to the trial court for deciding the question as to the admissibility to the extra -judicial confessional statement allegedly made by accused No. 1 in the form of a document dated 23.5.2009.