H.L.DATTU, ANIL R.DAVE
Chaluvegowda – Appellant
Versus
State by Circle Inspector of Police – Respondent
ORDER :
In Seneca's Medea (4 B.C.-A.D. 65), it is said "A Judge is unjust who hears but one side of a case, even though he decides justly." With this preface, let us deal with the issue raised in this appeal.
1. The appellants (27 persons) were tried on the charge of having murdered Rajegowda and causing injuries to several other persons. The trial court had passed on order of acquittal, acquitting all the 27 accused persons on the ground that the prosecution has failed to establish any of the charges against the accused.
2. The impugned judgment holds the appellants guilty of committing the offence punishable under Section 302/149 of the Indian Penal Code (the 'IPC' for short) as well as for the offences punishable under Sections 143, 148, 324 r/w Section 149, 448 and 427 r/w Section 149 of the 'IPC' and each of them is sentenced to undergo imprisonment for life and they are not awarded separate sentence for other minor offences.
3. We do not find it necessary to notice minutely the factual details as the same have been noted in the impugned judgment. The gist of the prosecution case, as noticed in the impugned 2 judgment, is as follows : On 4.7.1987, at about 7 am near the Hithalu of
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