STATE Vs. DODDASIDDASETTY

JUDGEMENT

(1.) THIS appeal is filed by the State questioning the judgment and order of acquittal dated 24.1.2014, passed by the Sessions Court, Chamarajanagara in SC.No.38/2009. Accused -respondents herein were tried for the offences punishable under Sections 143, 147, 148, 341, 324, 307 r/w. Section 149 of IPC.

(2.) IN order to prove its case, the prosecution in all has examined 9 witnesses and got marked 7 Exhibits and 8 Material Objects. On behalf of defence, one witness is examined and two Exhibits are marked.

(3.) CASE of the prosecution in brief is that on 3.2.2008 at 8.30 p.m., all the accused came in a group in front of Nadamegallammas Temple on Yelandur -Santhamaralli Main Road in Yelandur Town; they had previous enmity against CWs.1 to 3; they themselves formed into an unlawful assembly armed with deadly weapons like choppers, longs and stones, etc; all the accused assaulted Srinivasa, Mahadevshetty (PWs.2 and 3) who sustained certain grievous as well as simple injuries. Complaint came to be lodged by PW.1 before Yelandur Police Station based on which Crime No.120/2008 is registered. Since the offences with which accused were charged included the offence punishable under Section 307 of IPC also, the matter was tried before the Sessions Court.