THE STATE Vs. JAGADISH AND ORS.

JUDGEMENT

(1.) Accused No. 2 is reported to be dead on 12.4.2012. Certificate issued by Mysore City Corporation is on record. Therefore, appeal against accused No. 2 has abated. Consequently, the appeal is heard only against respondent No. 1.

(2.) The case of the prosecution in brief is that accused Nos. 1 and 2 entered the house of PW-2 when he was alone in his house; assaulted him with knife (M.O.3), consequent upon which, PW-2 sustained grievous injuries; PW-3 raised hue and cry; after hearing such cries, PW-1 being wife of PW-2, who had gone to neighbouring house for attending the pooja, rushed to the scene of offence and saw both the accused committing crime. During the process, PW-2 also sustained certain simple injury. The incident has taken place at about 12.15 p.m. on 5.6.2008 in the house of PWs-1 and 2.

(3.) In order to prove its case, the prosecution in all examined 14 witnesses and got marked 13 exhibits and five material objects. On behalf of the defence, one exhibit came to be marked. As aforementioned, the trial Court acquitted both the accused.