STATE Vs. MOHAN AND ORS.

JUDGEMENT

(1.) The judgment and order of acquittal dated 7.4.2011, passed by the Additional Sessions Judge, Shimoga, in SC. No. 18/2009, is called in question in this appeal by the State.

(2.) Case of the prosecution in brief is that the incident in question has occurred on 11.7.2008; about 1 1/2 months prior to the incident, deceased Manjunath was found in the company of accused No. 1 and others in a hair cutting shop of one Nagarajappa, situated at Navule Village; mother of the deceased, namely Lalithamma warned the deceased not to have company/friendship with accused No. 1 and other accused inasmuch as the accused are bad elements in the society; at that point of time, mother of the deceased had scolded the accused in filthy language; being enraged, accused No. 1 had spread certain remarks against the mother of the deceased about 20 days prior to the incident in question; the accused told before the deceased that his mother Lalithamma was not having good conduct; the deceased being enraged, had slapped on the cheeck of accused No1, which resulted in animosity between the first accused and deceased; at that point of time, accused No. 1 gave life threat to the deceased.

(3.) In order to prove its case, the prosecution in all has examined 21 witnesses and got marked 41 Exhibits and 18 Material Objects. On behalf of the defence, no witness is examined and no documents are marked.