STATE Vs. BASAVAN ALIAS MANI ALIAS LATCHUMANAN

JUDGEMENT

(1.) The State appeals. Challenge is made to a judgment of the Additional Sessions Division, Dharmapuri, made in S.C.No.144/2003 whereby an order of acquittal of the respondents/A-1 to A-9 was made in respect of the charges levelled against them. Two other accused originally shown as A-4 and A-8, died, and hence the charges against them stood abated. The charges framed by the trial Court against the accused are as follows: ACCUSED CHARGES A-2, A-5, A-6 & A-7 147 IPC A-1 & A-3 148 IPC A-1 to A-6 364(A) IPC A-1 to A-6 344 IPC A-1 to A-6 120(B) IPC A-1 to A-6 147 IPC (2 counts) A-1 & A-3 to A-6 148 IPC (2 counts) A-1 to A-6 149 r/w 302 IPC A-1 to A-6 201 r/w 34 IPC A-7 & A-8 202 IPC A-9 202 IPC A-1 to A-3 3 r/w 25(1)(b)(a) of Indian Arms Act, 1959 A-9 3 r/w 25(1)(b)(a) & 5 r/w 25(1)(a) of Indian Arms Act, 1959

(2.) The case of the prosecution can be stated as follows:

(3.) The case was committed to Court of Sessions, and necessary charges were framed. In order to establish the charges, the prosecution marched 37 witnesses and also relied on 55 exhibits and 41 material objects. On completion of the evidence on the side of the prosecution, the respondents/accused were questioned under Sec.313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses which they flatly denied as false. No defence witness was examined. The trial Court heard the arguments advanced on either side, and took the view that the prosecution has not proved the case beyond reasonable doubt and hence acquitted the respondents from all the charges. Hence this appeal at the instance of the State.