They saw four unknown persons pulled out two inmates of Indica Car and assaulted on their head, face and hand with sharp edged weapons, causing heavy bleeding injuries.
All the accused persons pleaded number guilty and claimed for trial.
One of the deceased named Bhimaneni Kondaiah died on the spot whereas the other deceased Pavadappa died on way to the hospital.
The charges were read over and explained to them.
The facts of the case, as disclosed by the prosecution, are that an FIR was lodged on 22.11.2005, at Toranagallu Police Station by Sheikh Hussain Sab PW3 , stating that he and his companyleague Basavana Gouda PW2 were working as Security Guards in Aqua Minerals Factory and when they were on duty on 22.11.2005, at about 130 PM, while taking food they heard a bang sound from outside and immediately they went out and saw that a Bolero Jeep had dashed against Tata Indica Car on N.H. 63 in front of Acqua Minerals.
Aggrieved by the Trial Court judgment and order, the companyvicted respondents filed appeal before the High Court, which was allowed on the ground that there is absence of proof of wrongness on the part of the accused and also certainty of the guilt of the accused and as such, they were entitled to the benefit of doubt.
The present appeals are filed against the said acquittal order passed by the High Court Criminal Appeal No.640 of 2012 is by the companyplainant, who is son of the deceased, and Criminal Appeal No.641 of 2012 is by the State.
2664 of 2010 whereby the High Court allowed the appeal of all the twelve accused and acquitted them of all charges.
Accordingly, the High Court by the impugned judgment set aside the judgment and order dated 8.04.2010 passed by the Trial Court and acquitted the accused of all the charges.
After companysidering the material on record and hearing the companynsel for the accused persons, they were charged for offences punishable under Sections 143, 147, 148, 341, 109, 120 B, 302 read with Section 149 of the Indian Penal Code, 1860 hereinafter referred to as IPC .
The companyviction was based on the testimonies of the six eye witnesses, companyroborated by the recovery evidences and the testimonies of other witnesses who proved the existence of a companyspiracy planned between the twelve accused.
The motive believed by the Trial Court was to avenge the death of four relatives of the accused, six months ago which was believed to be companymitted by the deceased Bheemaneni Kondaiah and his men.
Various other shorter sentences for other offences were also imposed by the Trial Court.
The four people then drove away towards Bellary.
After investigation, charge sheet was filed against twelve accused.
Pinaki Chandra Ghose, J. These appeals, by special leave, have been directed against the judgment and order dated 19.01.2011, passed by the High Court of Karnataka, Circuit Bench at Dharwad, in Criminal Appeal No.
