IMTIYAZ ALIAS IMTIYAZ PASHA AND ANOTHER Vs. STATE

JUDGEMENT

(1.) This petition is moved on behalf of accused Nos.4 and 5 against whom charge sheet is laid under Sections 143, 144, 147, 148, 323, 324, 504, 506, 302, 120-B, 212 read with Section 149 of IPC.

(2.) The deceased is the husband of the complainant. Initially, the FIR was lodged against 10 accused persons. After investigation, persons named in the FIR, namely, accused Nos.1 to 4 were dropped and 17 other accused persons were sent up for trial.

(3.) The case of the prosecution is that two years earlier to the incident, one Chikkathimme Gowda - brother of accused No.2 was done to death by the deceased. In this background, on 09.12.2017, when the deceased had gone to marriage hall to meet his owner, all the accused persons are said to have attacked him and when he tried to escape, accused Nos.1, 4 and 5 caught hold of the deceased and accused No.3 stabbed on the chest of the deceased with a dagger as a result, the deceased was declared dead when he was taken to the hospital.