STATE OF KARNATAKA Vs. RAMASWAMY

JUDGEMENT

(1.) This appeal is preferred by the State being aggrieved by the judgment and order of acquittal dated 28.03.2012 passed in S.C.No.1119/2010 c/w S.C.No.1010/2008 on the file of the XXXII Addl. City Civil and Sessions Judge and Special Judge for CBI cases, Bengaluru (CCH No.34).

(2.) Brief facts of the prosecution case as per the complaint Ex.P1 are that, there was enmity between the deceased persons, namely Dinesh and Prasanna with the accused persons. Deceased had settled the civil litigation between one Gopala Gowda and Puttappa and earned commission of Rs.2 lakhs. In this regard, the accused persons were jealous against the deceased. Further in respect of an incident with regard to teasing of a girl of Boganahalli village by the boys of Kadubeesanahalli village, the deceased had warned and advised the accused persons and there was a quarrel between them. As such, there was ill will between the deceased and the accused persons. The accused persons were grinding axe against the deceased. Further, on 4.2008 at about 9.30 p.m. in the 2nd cross of Kadubeesanahalli village in front of the shop of accused No.5 when deceased persons namely, Dinesh and Prasanna had gone in the santro car of Dinesh bearing registration No.KA- 05-MW-738 to compromise the issue as requested by the accused persons, the accused persons formed unlawful assembly with an object of committing the murder of Dinesh and Prasanna and attacked them with knives, long etc., and also by dropping stones on them, committed murder of both of them. On the basis of the complaint lodged by P.W.1 Manjunath as per Ex.P1, case was registered in Crime No.156/2008 of HAL police station for the offences punishable under Sections 302, 143, 145, 146, 147, 148 r/w Section 149 of IPC.

(3.) We have heard the arguments of the learned Addl. SPP for the appellant-State, so also, the arguments of the learned senior counsel appearing for the respondentsaccused.