STATE OF KARNATAKA Vs. KHAWALI ALIAS BABUJAN

JUDGEMENT

(1.) This is a revision by the State against the order dated 23-6-1986 passed by the Additional Sessions Judge, Bangalore Rural District, Bangalore, in S.C. 30 of 1984 discharging the accused persons under Section 227 of the Code of Criminal Procedure.

(2.) According to the prosecution, the deceased Krishna and Sunder committed theft of Rs. 15.000/- belonging to accused-1. There was a quarrel between accused on the one hand and the deceased Krishna and Sunder on the other. A panchayat was convened, which was attended by A-1 and his friends. In the course of that panchayat, deceased Krishna and Sunder are said to have protested against the holding of the panchayat and were insisting that it was a matter which can be investigated by the police. Thus that panchayat failed. The deceased Krishna and Sunder left the panchayat and A-1 was saying at that time that he knew how to recover the money and that he would teach a lesson to them. So saying he went away along with his companions in a jeep.

(3.) On 26-11-1980 the deceased Krishna and Sunder were going to the land of Shamanna along with C.W.25 Shankar, C.W.39 Lakshmaiah, C.W.40 Ganesh and C.W.41 Perumalu in the morning from their village. Krishna and Sunder along with those four persons had lunch in the said land in the afternoon and left the land in order to go to the village.