STATE OF KARNATAKA Vs. SHEKARAIAH AND OTHERS

JUDGEMENT

(1.) The judgment and order of acquittal dated 20-12-2012 passed by the First Additional District and Sessions Court, Tumkur in Sessions Case No. 115/2011 is called in question in this appeal by the State. By the impugned judgment, the trial Court has acquit the accused for the offence punishable under Sec. 302 read with Sec. 34 of IPC.

(2.) Case of the prosecution in brief is that accused Nos. 1 and 3 are the sons of deceased Doddaiah, accused No. 2, who is the wife of accused No. 1 i.e. the daughter-in-law of the deceased Doddaiah; P.Ws. 1 and 2 are also the sons of the deceased; the said Doddaiah has also got one daughter (P.W. 3). There was dispute between the deceased Doddaiah and accused persons with regard to the sharing of the property. In that connection on 27-8-2009 at about 2.00 a.m., accused No. 2 called the deceased out of his home and accused Nos. 1 and 3 assaulted the deceased with chopper and club on his head and the other parts of the body and committed his murder. FIR came to be lodged by RW. 1 before the Rural Police Station, Tumkur as per Ex.P.l which came to be registered in Cr. No. 297/2009 at 7.30 a.m. on 28-8-2009 for the offence punishable under Sec. 302 of IPC. The police after investigation, laid charge-sheet against all the three accused.

(3.) In order to prove its case, the prosecution, in all, has examined 21 witnesses and got marked 25 exhibits and 8 material objects. On behalf of the defence, neither the witnesses nor the documents were got marked. As mention supra, the trial Court, on evaluation of the material on record, has acquit the accused.