(1.) The Judgment & Order dated 23.10.2008 passed by the Fast Track Court -I, Dakshina Kannada, Mangalore in Criminal Appeal No. 129/2008 is called in question in this appeal by the State.
(2.) Case of the prosecution in brief is that the State Government had provided certain number of roof tiles of the house to the father of PW.3; however the father of PW.3 did not want the roof tiles and in that regard, Accused No. 1 had requested to provide the said tiles to him; in the meanwhile, PW.3 also requested for allotment of the said tiles in his favour and consequently PW.3 was given the tiles by the authorities. In that regard, there was animosity between PW.3 and Accused No. 1.
(3.) As aforementioned, Accused No. 1 is absconding and therefore case against him is split up. Trial went on only against Accused Nos. 2 and 3.