STATE OF KARNATAKA Vs. HANAMANTH

JUDGEMENT

(1.) Heard the learned Additional State Public Prosecutor on behalf of the appellant-State and the learned counsel Sri. Chaitanya Kumar C.M. on behalf of the respondent-accused.

(2.) The State is in appeal being aggrieved by the judgment and order acquitting the respondent3 accused by judgment dated 17.11.2011 rendered in SC No.14/2011. The case of the complainant / deceased is that, he was an agriculturist and about 15 days prior to 16.11.2010, there was a quarrel between the deceased and the wife of the first accused with regard to grazing of cattle in the complainant s field.

(3.) That the third accused, on 16.11.2010 came to the house of the complainant at about 11.00 p.m. and asked the deceased to accompany him as there was some urgent work and thereafter he took him to accused No.2 who invited him to consume alcohol and thus all the accused assembled in the field of one Sangappa Anabi and consumed alcohol. That the first accused suddenly assaulted the deceased with a wooden club on the head and other parts of the body. That the other two accused have instigated the first accused and the third accused is also said to have kicked the deceased with his legs on the chest. That as a result of the assault, the deceased / complainant screamed out and upon hearing his screams, PW3 is said to have rushed to the spot and rescued the deceased. PW3 is said to have conveyed this fact to the wife of the deceased.