In a set back to the prosecution, the High Court of Karnataka on Wednesday acquitted three members of Dandupalya gang in yet another case and set aside the death penalty imposed on them by a special court on the charge of murdering a man in Hubballi in 2000.
A Division Bench comprising Justice Ravi Malimath and Justice John Michael Cunha delivered the verdict by acquitting Venkatesh alias Chandra, Munikrishna alias Krishna, both from Channasandra, Bengaluru Rural district, and Nallathimma alias Thimma of Balekatte in Periyapatna taluk of Mysuru district. The High Court said that the prosecution failed to prove the case as there were no witnesses in support of it. Also, the fingerprints were not matching and there were no medical reports to say that the victim, Mallikarjun S. Dekani, died because of injuries inflicted by the accused, the High Court found.
The prosecution case was that the accused attacked the victim with an iron rod and a knife on February 19, 2000 and looted valuables from his possession. The victim died on May 12, 2000 while undergoing treatment in Bengaluru.
The police filed a charge sheet against four accused on July 4, 2001.
The special court, which was set up to try all the cases against Dandupalya gang, on June 30, 2010 sentenced three people to death penalty and acquitted the fourth accused, Lakshmi.
While the special court’s death sentence was referred to the High Court for confirmation, the trio had filed appeal against death penalty.
The High Court in 2014 acquitted gang members from two other murder cases for lack of evidences against them.
