STATE Vs. S. DEVARAJ AND ORS.

JUDGEMENT

(1.) THIS appeal is preferred by the State against the respondents -accused Nos. 1 to 7, being aggrieved by the judgment and order of acquittal dated 16.11.2006 passed by the Fast Track Court -I at Mandya in S.C. No. 87/2003. The State has also filed an application seeking leave to prefer the appeal and this Court by its order dated 11.09.2007 has not granted the leave to prefer the appeal as against respondent Nos. 3 to 7. Hence, this appeal is for consideration as against respondent Nos. 1 and 2/accused Nos. 1 and 2 only.

(2.) PW -1/Shanthamma has lodged the complaint as per Ex. P -1 dated 18.01.2003. Somasundara, the brother -in -law of the complainant, married one Mayamma of Biledegulu Village and said couple having two children namely, Pallavi and Praveen, who are aged 13 years and 11 years respectively. In connection with the landed property, since ten years there was a dispute between Somasundara i.e., the deceased and accused Nos. 3 to 5. The case was decided in favour of deceased Somasundara at Mandya Court and he was cultivating the said landed property. As the case was decided in favour of the brother -in -law of the complainant, the said accused persons were having ill -will and they were conspiring to do something in the matter. On 18.01.2003 at about 9.00 a.m. Somasundara called the complainant to go to the land for cutting the crop. Accordingly, complainant, Somasundara and Mayamma, who was the wife of Somasundara, went to the land and they were cutting the paddy crop and it was about 10.00 a.m. At the same time, Devaraj/Kariya -accused No. 1 and Anand -accused No. 2 came holding machchu in their hands and asked Somasundara that why they are cutting the paddy and called them to come out of the land, otherwise they will show them a way, stating so they came in the land. Seeing them and because of the fear, the complainant, Somasundara and Mayamma came to the road side, at that time, accused No. 1 - Devaraj referring to Somasundara that he can litigate if he is alive and if he is finished off, the dispute will come to an end, stating so assaulted on the head of Somasundara with machchu. When Somasundara was struggling to avoid the blow, sustained bleeding injury to his head. Accused No. 1 again assaulted on the hands of Somasundara with machchu. Mayamma, when went to rescue of Somasundara, accused No. 2 - Anand assaulted her with machchu on the head and upper limbs and Somasundara and Mayamma collapsed on the ground. The complainant made hue and cry, at that time accused Nos. 1 and 2 ran away towards Allakere holding machchu in their hands. Immediately, the complainant rushed to the injured; Mayamma has already expired and Somasundara was still alive. She brought the water from the nala and put into the mouth of Somasundara, but he also expired. In the meanwhile, one Ningaiah came from the neighbouring land stated that they were planning since day before yesterday; accordingly, they have finished off the couple and asked the complainant to go and inform the Police over phone. Complainant went to the village and through the shop of one Bhatta, informed the Police over phone about the incident. It is also stated in the complaint that accused Nos. 3 to 7 had the criminal conspiracy with an intention to commit the murder of Somasundara and his wife, and because of that reason only, they secured accused Nos. 1 and 2 from Bengaluru and instigated them to commit the murder of the deceased, with an intention to grab the property. Hence, she has requested to take action against the accused persons. On the basis of the said complaint, case has been registered against accused Nos. 1 to 7 in Basaralu P.S. in crime No. 5/2003 for the offences punishable under Sections 143, 147, 148, 120(B), 114, 302 read with Section 149 of IPC and issued the FIR as per Ex. P -14. The Investigating Officer after completing the investigation filed the charge sheet against the said accused persons for the offences punishable under Section 143, 147, 148, 114,120(B), 302 r/w 149 of IPC. The Trial Court framed the charge against accused Nos. 1 and 2 for the offence punishable under Section 302 of IPC, against the remaining accused for the offence under Section 120B of IPC and against accused Nos. 3 to 7 for the offence punishable under Section 109 read with Section 114 of IPC.

(3.) AFTER considering the merits of the case, ultimately, the Trial Court acquitted all the accused persons from the said charges. Being aggrieved by the same, the State has come -up in appeal challenging the legality and correctness of the judgment and order of acquittal passed by the Trial Court, on the grounds as mentioned in the appeal memorandum.