ABDUL RAHIMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-Abdul Rehaman, originally arraigned as Accused No.2 in Sessions Case No.42/2015. Accused No.2-Abdul Rehaman (the petitioner herein) and Accused No.3-Purandara Naika, were earlier split-up from the array of original proceedings. However, Accused No.3 was later secured and a Sessions Case has been registered against him in S.C. No.113/2016. Accused Nos. 1 and 3 to 5 were tried by the learned Sessions Judge for the offences punishable under Sections 399 and 120(B) of IPC and those accused were acquitted of the aforesaid offences vide judgment dated 27.07.2017, in SC 42/2015 and 113 / 2016.

(2.) Petitioner's counsel submits that the allegations made against the petitioner and the other accused are one and the same, and they are inseparable in nature. The prosecution proposed to lead evidence against the petitioner is same as that of the evidence already led by the prosecution to prove the offences alleged against Accused Nos.1 and 3 to 5. Therefore, when the trial Court has come to the conclusion that the other co-accused are entitled for the acquittal, as the prosecution has failed to prove the guilt of the accused, the same benefit has to be extended to this petitioner also.

(3.) Learned HCGP submits before this Court that, the State has not preferred any appeal against the judgment passed by the trial Court in S.C. Nos.42/2015 and 113/2016.