STATE Vs. GOPALAPPAGOUDA

JUDGEMENT

(1.) Heard the learned Additional State Public Prosecutor Shri. K.R. Keshavmurthy and the learned Counsel for the respondents.

(2.) This appeal is by the State against the judgment of acquittal of the respondents-accused.

(3.) On 27.04.2005 it transpires that at about 6:00 p.m. Durganna and one Hanamantharaya Karnal were sitting in a parked bullock-cart and were talking to each other, the bullock carl was parked in a place known as 'horaangala', at which point of time accused Nos. 2. 4 and 6 are said to have come there. They were apparently in an intoxicated state and proceeded to lift the bullock-cart and turned it on its side. Durganna and Hanamantharaya had protested and had scolded them for their drunken behaviour, at which a quarrel is said to have broken out and accused No. 2 is said to have assaulted Hanamantharaya and they were pushed around while other accused namely accused Nos. 1, 3, 5, 7 and 8 had also arrived there and started to pelt stones at the said Durganna and Hanamantharaya. Thereafter, Durganna said to have been bodily carried towards the houses of accused Nos. 2, 4 and 7, situated at Durgamma Katta, and he was assaulted by all the accused with sticks and stones causing bleeding injuries and he is said to have died on account of the injuries so caused.