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Showing contexts for: split up charge sheet in Amar@ Kiran Kumar .T vs State Of Karnataka on 30 September, 2024Matching Fragments
The concerned Court tries the matter qua accused Nos. 1 NC: 2024:KHC:41231 to 6 and draws up a split charge sheet against accused Nos. 7 to 10.
3. After drawing up of the split charge sheet the concerned Court acquits accused Nos. 2 to 4 of the said offences and accused Nos. 5 to 6 as their presence was not required in the case therein. The split charge sheet in C.C.No.8983/2019 is what is sought to be tried at this juncture. The offences punishable against this petitioner are the ones punishable under Sections 399 and 402 of IPC. Therefore, it is a collective act and not an individual overt-act performed by each one of the persons, as it is preparation for commission of dacoity.
6. The view of mine, in this regard, is fortified by the judgment of this Court dated 02.09.2022 passed in Crl.P.No.7720/2022, which reads as follows:
"4. The learned Sessions Judge, by his order dated 01.12.2021, acquits accused Nos.1 to 11, 14, 16 to 18 and 21 in S.C.No.103/2018. At the relevant point in time, when the trial was on, the petitioner was not available for trial, as he was allegedly absconding and a split charge sheet was issued against the petitioner in S.C.No.87/2019 in terms of an order of the learned Sessions Judge dated 10.06.2019. The continuation of proceedings in S.C.No.87/2019 is what drives the petitioner to this Court in the subject petition.
NC: 2024:KHC:41231 "The petitioner is the accused in the case and he is shown to be the absconding. Therefore, the case against the petitioner was split up and charge-sheet was laid against other available accused Nos.1 and 3 for committing an offence punishable under Sections 498A and 307 IPC r/w 34 Indian Penal Code, 1860. After the trial, the Sessions Judge acquitted the accused Nos.1 to 3. The petitioner was arrested and proceedings were revived against him in the split charge sheet.... In the instant case also, the full pledged trial was held against accused Nos.1 to 3, in respect of the same offence. In the second round of trial against the petitioner, the evidence to be produced cannot be different from the one that was produced by the prosecution in the earlier case.