THE STATE Vs. SHIVAMURTHY AND ORS.

JUDGEMENT

(1.) THE judgment and order of acquittal dated 3.4.2010 passed by the Additional Sessions Judge and Special Judge for CBI Cases, Bangalore, in S.C. No. 763/2008 is appealed against by the State.

(2.) CASE of the prosecution in brief is that the injured P.W. 4, who was the driver of the lorry loaded with cement bags came to Bangalore on 11.7.2007 at about 9.00 p.m. and parked his lorry in front of IOC Company situated at B. Narayanapura, Bangalore with a view to have his dinner. Accused Nos. 1 to 3 with an intention to rob the money from P.W. 4, threatened him; P.W. 4 resisted the said attempt of accused Nos. 1 to 3; being enraged, accused Nos. 1 to 3 assaulted on the head of P.W. 4 and other parts of his body, consequent upon which P.W. 4 sustained grievous injury on his head; P.W. 3 who is a permanent resident of Bangalore working in Office Complex near Mahadevapura Bus Stop was returning to his house came there and the saw the incident and rushed to the scene of offence to save the life of P.W. 4; on seeing P.W. 3, accused Nos. 1 to 3 fled away from the scene.

(3.) IN order to prove its case, the prosecution in all has examined 11 witnesses and got marked 11 Exhibits and 3 Material Objects. On behalf of the defence, no evidence is let in. As aforementioned, the trial Court acquitted the accused of the charges levelled against them.