STATE Vs. MANAYYA @ MOUNESH

JUDGEMENT

(1.) The State being aggrieved by the judgment of acquittal rendered by the District and Sessions Judge, Yadgir in S.C.No.8/2011 dated 01.04.2011, preferred this appeal seeking re-appreciation of the material on record and for conviction and sentence of the accused persons for the offences under Sections 143 , 147 , 341 , 323 , 324 , 325 , 302 , 504 and 506 and also under Section 302 of Indian Penal Code.

(2.) We have heard the arguments of the learned counsel for accused Nos.1 to 3. As the learned counsel for accused No.4 did not turn-up to argue the matter we appointed Sri Arunkumar Amargundappa, as Amicus Curiae for respondent No.4 to assist the Court in arguing on behalf of accused No.4 and thereafter the matter has been reserved for judgment, after hearing the Amicus Curiae.

(3.) Before adverting to and appreciating the material evidence on record it is just and necessary for this Court to have the brief facts of this particular case. A person by name Mallikarjun S/o Bhimayya Hadpad of Arjunagi Village in Shahapur Taluk, Kalaburagi District has lodged a report before Wadagera Police Station on 02.01.2009, making allegations that, the complainant has been residing in Arjunagi Village doing agriculture. On 02.01.2009 himself and his brother Basavaraj (deceased) had been to Deodurga and came back from the said village to Arjunagi Village and they were standing infront of a shed situated in their land Arjunagi Village, at that time all the accused persons including the absconding accused by name Sidda Veerappa who was arrayed as accused No.2 before the trial Court, forming into an unlawful assembly came to the land of complainant to the place where the complainant and his brother were talking with each other.