STATE OF KARNATAKA Vs. KUMAR AND ORS.

JUDGEMENT

(1.) JUDGMENT and order of acquittal passed by the Fast Track Court -III, Bangalore Rural District, Bangalore, in Sessions Case Nos. 82/2007 and 83/2007 is appealed against by the State.

(2.) ACCUSED Nos. 2, 3, and 4 were charged, tried and acquitted for the offences punishable under sections 376(2), 302 and 201 of IPC. Accused No. 1 namely, Appi @ Prakasha @ Kumara @ T. Srikumar, is not sent up for trial and case against him is split up.

(3.) THOUGH the crime was allegedly committed during the intervening night between 19th and 20th February 2006, no progress was made during the course of investigation, till 12.06.2006. However, accused Nos. 3 and 4 namely, Kumar @ Shivakumar and Afsar @ Nazeer (respondents herein) were apprehended at about 2.30 A.M. of 12th June 2006 when the police found them on the street wandering suspiciously. On being questioned, the accused Nos. 3 and 4 admitted to have committed murder of the child. Accused No. 3 and 4 were brought before the police station at 3.30 A.M. During further investigation, accused Nos. 1 and 2 were also arrested on 3.7.2006 and 2.7.2006 respectively. The police after completion of investigation laid the charge sheet.