(1.) THE judgment and order of conviction convicting accused Nos. 1 and 2/appellants herein dated 26.02.2005 passed by the Fast Track Court -II, Bangalore City in Sessions case No. 743/2003 is called in question in this appeal by the convicted accused Nos. 1 and 2. It is relevant to note that by the very impugned judgment, accused Nos. 3 to 5 are acquitted. State has not filed any appeal against the order of acquittal passed against them. Hence the judgment and order of acquittal passed against accused Nos. 3 to 5 has attained finality.
(2.) FIVE accused were charged for the offences punishable under Sections 120B, 148 and 302 read with Section 149 IPC. The trial Court, as aforementioned, has convicted accused Nos. 1 and 2 and acquitted accused Nos. 3 to 5.
(3.) IN order to prove its case, the prosecution in all has examined 16 witnesses and got marked 27 exhibits and 15 material objects. On behalf of the defence, no witness is examined. The trial Court, on evaluation of the material on record as aforementioned, convicted the accused Nos. 1 and 2 and acquitted accused Nos. 3 to 5.