SIVANANDA Vs. NARAYANAPPA AND OTHERS

JUDGEMENT

(1.) This appeal arises against the judgment of acquittal passed by learned Additional District and Sessions Judge, Hosur, Krishnagiri, in S.C.No.81 of 2011 on 28.04.2017.

(2.) Prosecution case is that accused and deceased belong to Thippepalli Village. There was a dispute between fourth accused and deceased over running of a milk booth and the panchayat elections. Due to previous enmity, accused 1 to 5 conspired to murder the deceased and did so on 06.01.2008 at about 06.00 p.m. The accusation was that accused 1 to 3 indiscriminately assaulted the deceased with bill hooks and caused his death while accused 4 and 5 caught hold of him. PW-3, father of deceased, preferred Ex.P1, complaint, with the sixth respondent on 06.01.2008 at about 08.00 p.m. and a case was registered in Crime No.5 of 2008 on the file of sixth respondent for offences under section 147, 148, 341 and 302 IPC. Upon completion of investigation, a charge sheet was filed informing commission of offences under section 147, 148, 341 and 302 r/w 149 and 109 IPC before learned Judicial Magistrate I, Hosur. On committal, the case was tried in S.C.No.81 of 2011 on the file of learned Additional District and Sessions Judge, Hosur, Krishnagiri.

(3.) Before trial Court, prosecution examined 23 witnesses and marked 42 exhibits and 17 material objects. 2 witnesses were examined on the side of defence and 2 exhibits were marked. On appreciation of materials before it, trial Court, under judgment dated 28.04.2017, acquitted accused. There against, this appeal has been preferred.