SHAKIL AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and also the learned High Court Government Pleader. Perused the records.

(2.) The petitioner was arraigned as accused No.6 in Sessions Case No.4/2012 on the file of the I Addl. District & Sessions Judge, D.K., Mangalore. He was split up due to his absence and failed to secure the presence of the accused (petitioner herein). Therefore, the Trial Court proceeded against accused Nos.1, 3 and 5. Ultimately after due trial, the said accused Nos.1, 3 and 5 were acquitted by the Trial Court for the offences punishable under Sections 143, 341, 506, 326, 307, 120B read with Section 149 of Indian Penal Code.

(3.) The learned Counsel for the petitioner submits that the allegations made against the other accused persons who were acquitted and this petitioner are one and the same. They are inter-twined with each other and further there is no distinct and separate allegations made against this petitioner so as to try him once again. Under the above said circumstances, benefit of acquittal of the other accused persons shall also be extended to the petitioner.