STATE OF KARNATAKA Vs. MAHADEVA MACHIGANNA

JUDGEMENT

(1.) This Criminal Appeal is pre ferred by the State against the judgment dated 30-6- 1992 passed by the learned Additional Sessions Judge, Bangalore Rural District, Bangalore in S.C. 8/91 acquitting the accused of the offences punishable under Secs. 143, 147, 148 and 302 r/w. 49 IPC.

(2.) We have heard learned Govt. Advocate Sri. Rajagopal and learned counsel for the accused Shri. Hasmath Pasha and perused the records of the case.

(3.) The case of the prosecution is that on 29-7-1990 at about 10 p.m. there was an altercation between P.W. 1 and deceased Puttaswamy as Puttaswamy was not allowing P.W. 1 to go to her mother's place and he was abusing her and at that time all the accused went inside the house of P.W. 1 dragged the deceased Puttaswamy out of the house, surrounded him and started assaulting him. A-1 and A-2 assaulted with clubs, A-3 with Kavagolu, A-4 with kudlu and A-8 with stone and A-5 and A-7 along with one Putti pushed her when she went to the rescue of her husband and that white leving the scene of occurrence the accused kicked the deceased Puttaswamy. The motive for murder is that A-2's son was residing separately after his marriage with the daughter of uncle of P.W. 1 and as such their relationship with P.W. 1 and deceased had become strained.