MUTHUVAPPA Vs. STATE

JUDGEMENT

(1.) The petitioner herein is a third accused in Crime No.153 of 2003.

(2.) The case against the petitioner and the 1st accused was split up as S.C.No.52 of 2011 from the main Sessions Case No.170 of 2004, since the petitioner and the 1st accused absconded pending trial. The present Criminal Original Petition is filed to quash the case against the petitioner on the ground that the trial against A2 ended in acquittal and the testimony of the witnesses examined has not proved. Hence it will be a futile exercise for the prosecution trying the petitioners.

(3.) The case of the petitioner is that Syed Jahabar Ali Jinnah Sahib was murdered by A1, who alleged to have been in connivance with A2 and A3. A2 alone was tried and others absconded and case against them got split up. This petitioner is charged for with A2. The trial Court has acquitted A2. The benefit of acquittal of A2 has to be extended to the absconding accused also, since the charges against them along with A2 is for conspiracy, house trespass to commit murder. Murder in furtherance of common intention and in alternate abetment to murder.