NAGARAJU CHIKKATHAMMAIAH Vs. STATE

JUDGEMENT

(1.) The appellant (hereinafter referred to as 'accused No.3') and accused 1, 2 & 4 to 7 were tried for offences punishable under sections 143, 147 & 302 r/w 149 IPC on the allegations that on 06.03.1998 at about 10 p.m., accused 1 to 7 formed an unlawful assembly and in furtherance of common object of unlawful assembly, accused No.3 assaulted deceased Maraiah with a dagger and a screw driver near the house of accused No.1 and committed his murder. Therefore, they were tried for offences punishable under sections 143, 147 & 302 r/w 149 IPC. The learned trial Judge on appreciation of evidence has acquitted accused 1, 2 & 4 to 7 of offences punishable under sections 143, 147 & 302 r/w 149 IPC and convicted accused No.3 for an offence punishable under section 324 IPC.

(2.) The learned State Public Prosecutor would submit that State has not filed an appeal against acquittal of accused 1 to 7 of offences punishable under sections 143, 147 & 302 r/w 149 IPC.

(3.) I have heard Sri Jagadeeshachari, learned counsel for accused No.3 and Sri B.T.Venkatesh, learned State Public Prosecutor for State.