ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)

This appeal is by the State questioning the correctness of the acquittal judgment dated 27.12.2017 in Sessions Case No.5005/2015 on the file of V Additional District and Sessions Judge, Dakshina Kannada, Mangaluru (sitting at Puttur). Five accused persons faced trial for the offences punishable under Sections 143 , 144, 147, 148, 341, 323, 324 , 307 and 506 read with Section 149 of IPC , and Section 30 of the Indian Arms Act, 1959 .

2. The prosecution case is as below:

There was dispute with regard to using a pathway between the families of Gattigaru Seetharama and Marlakaje family. A panchayath was arranged to resolve this dispute and in that panchayath, PW.1 participated in favour of Gattigaru Seetharama. On 15.02.2014, PW.1 went to the house of Vijaya Kumar in connection with cooking food, as marriage had been arranged in his family. The accused persons also came to the marriage place for the purpose of cooking food. Around 2.30 a.m. the accused persons left the place after finishing the cooking work. PW.1 also left that place riding his motorcycle. One Purushotham i.e., PW.2 accompanied PW.1. As they were riding the m