R PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The High Court of Karnataka found the appellant guilty of offences punishable under Section 307 of the Indian Penal Code, 1860 (in short the IPC) and sentenced him to undergo rigorous imprisonment for two years, by upsetting the order of acquittal recorded by the trial Court. Three accused persons were acquitted, but the High Court did not interfere with the order of the acquittal of two other persons (A-2 and A-3), who are brothers of the appellant and faced trial with him.

(2.) Factual scenario giving rise to the present appeal is as follows : On 1-5-90, between 11.00 to 11.30 a.m. PWs-1, 3 and 6 to 9 had gone to a hotel to take tea. While they were taking tea, appellant (A-1) came there. The sister of the three accused persons was supposed to be the mistress of one Narasimha alias Dasi. When A-1 reached near PW-3 and the others, he was questioned by PW-3 as to why he and his brothers had assaulted Narasimha. There was verbal exchange between P-3 and A-1. A-1 left the place. After taking tea, PW-3 and others went towards Vishvas Cut-piece Stores. Suddenly, three accused persons reached there, and quarrelled with PW-3 and stated that it was none of his business, if Narasimha was assaulted. A-2 and A-3 held shirt collar of PW-3 and in turn PW-3 also held his collar. While pulling and pushing was going on, the appellant went out and brought a weapon (Machu) and assaulted PW-3 on his head, left hand and thigh. On receiving the injuries, PW-3 fell down and he was taken to the hospital where he was treated by doctor (PW-10). Oral complaint was lodged by Krishna (PW-1) which was reduced to writing by the officer-in-charge (PW-11). He visited the place of occurrence, and started investigation. On the next day, A-1 gave information about the concealment of weapon by him and he took PW-11 and other witnesses to the place where weapon of assault (Machu) was concealed in a pushcart. The same was seized. After completion of investigation charge-sheet was placed. Accused persons pleaded innocence and faced trial.

(3.) The trial Court did not believe the evidence of PWs-1, 3 and 6 to 9 on the ground that being friendly with PW-3 were interested witnesses. It is noted that PWs-1 and 8 resiled from their statements made during investigation partially. Holding that the evidence of PW-3 was not very cogent and credible, the order of acquittal, as noted above, was recorded. The State of Karnataka filed an appeal before the High Court which by the impugned judgment confirmed the acquittal of A-2 and A-3 but held acquittal of A-1 was uncalled for, convicted him for the offences punishable under Section 307, IPC, and sentenced him to undergo imprisonment for two years.