ROHIDAS POOJARY Vs. STATE OF KARNATAKA

JUDGEMENT

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

(2.) The petitioner was arrayed as accused No.3 in C.C.No.484/2011, on the file of I Addl.Senior Civil Judge and CJM, Mangalore, Dakshina Kannada. Subsequently due to his absence before the Court, his case was split up and a separate case was registered against him in C.C.No.314/2014. However, as could be seen from the records, the criminal case was proceeded against accused Nos.1 and 2 by name Ajeesh and Santhosh Poojary @ Santhu and vide judgment dated 3.10.2017, the learned Magistrate has acquitted the said accused Nos.1 and 2 for the offences under Sections 504, 323, 324, 326, 506, 427 r/w. Section 34 of IPC.

(3.) The contention of the petitioner herein is that the allegations made against all the accused are one and the same and they are inseparable and indivisible in nature. Therefore, the judgment of acquittal rendered so far as accused Nos.1 and 2 is concerned shall also be beneficial to accused No.3. Therefore, he contended that the petition deserves to be allowed.