STATE OF KARNATAKA Vs. SIDDALINGAYYA APPAYYA HIREMATH

JUDGEMENT

(1.) Though the present appeal is listed for hearing on interlocutory application, with the consent of learned counsel appearing for the parties, the same is taken up for final disposal.

(2.) This appeal has been preferred by the State being aggrieved by the judgment and order of acquittal passed by the XII Addl. District and Sessions Judge, Belagavi, sitting at Gokak in S.C.No.127/2016 dated 06.03.2018.

(3.) The case of the prosecution in brief is that, the complainant is staying along with the deceased father, mother, wife and his son. Accused No.1 is his uncle, accused No.2 is his wife, accused Nos. 3 and 4 are sons of accused No.1. It is further alleged that they were having ancestral property in survey No.259/1 measuring 1 acre 51 guntas and survey No.259/2 measuring 19 guntas. Survey No.259/1 was standing in the name of accused No.1 and 259/2 was standing in the name of the father of the complainant. A case was pending before the Tribunal between the accused No.1 and the deceased. It is further alleged that accused No.1 harassed the deceased by not giving any share in the said land and as such, the deceased consumed poison on 14.08.2014 and died on 15.08.2014 at about 11.00 am. On the basis of the complaint a case has been registered and after investigation charge sheet was led against accused Nos. 1 to 4. Thereafter after following the procedure, the said case was committed to the Sessions Court. Sessions Court took the cognizance and secured the presence of the accused and after hearing the learned Public Prosecutor and the learned counsel for the accused regarding framing of the charge, charge was read over and explained to the accused persons. Accused pleaded not guilty and as they claimed to be tried, the case was fixed for trial.