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2022 Supreme(Kar) 432

State By Mandya Rural Police Station, Rep. by State Public Prosecutor – Appellant
Versus
Ramaraju S/o. Muthegowda – Respondent


Advocates Appeared:
For the Appellant : Sri. Abhijith K.S. – HCGP.
For the Respondent: Sri. G.B. Sharath Gowda.

JUDGMENT :

This appeal is directed against the judgment of acquittal rendered by the Court of the Principal Sessions Judge, Mandya in S.C.No.91/2013 dated 05.12.2015 acquitting Accused / Respondent Nos.1 to 4 for the offences punishable under Sections 504, 307 and 506 read with Section 34 of IPC, 1860. The State has filed this appeal challenging the said acquittal judgment rendered by the trial Court and seeking to convict respondent Nos.1 to 4 / accused for the offences for which they were charged, by considering the grounds urged in this appeal.

2. Heard the learned HCGP for State and so also the learned counsel Shri G.B. Sharath Gowda for respondents / accused. Perused the judgment of acquittal rendered by the Trial Court inclusive of the exhibited documents.

3. The factual matrix of the appeal is as under:

It transpires from the case of the prosecution that on 11.7.2012, PW-1 / complainant namely Pradeep S/o. T.N. Puttaswamy and PW-2 / Srinivasa, were travelling in a tempo at Garibi Site where tar was being newly laid under the Suvarna Grama Yojana Scheme. Since there was a break in the tar, PWs 1 and 2 are said to have fired at those workers who had done the said shabby work. The

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