JUDGMENT :

B.Veerappa, J.

The present Criminal Appeal is filed by the complainant-Pushparaj, against the judgment and order of acquittal dated 29.11.2017 made in S.C.No.76/2004 acquitting the accused persons for the offences punishable under Sections 143, 147, 148, 324, 307 r/w 149 of the Indian Penal Code.

2. It is the case of the prosecution that, the appellant/complainant’s father-Shantharaju, aged about 75 years had owned land bearing Sy.No.45 measuring 2 acres situated at Somanahalli, Uttarahalli Hobli, within the limits of Thalaghattapura Police Station, Bengaluru. He had grown fruit bearing plants and maintained it as garden surrounded with fence and gate and in the said land, there was BESCOM electric transformer supplying electricity power to in and around area. The accused No.3-Narayana (deceased) and the respondent Nos.2, 3 and 4 i.e., accused Nos.1, 2 and 4, being brothers and residents of Somanahalli, had a large extent of agricultural land and they also had sugarcane jaggery making unit (Aalemane) for which electricity was being supplied from the transformer fixed in the land of the appellant/complainant’s father. The accused No.3-Narayana and his servant used to frequen