STATE OF KARNATAKA Vs. SWAMY

JUDGEMENT

(1.) The present Criminal Appeal is filed by the State against the judgment and Order of acquittal dated 29.09.2014 made in S.C.No.15/2011 on the file of the District and Sessions Judge, Chamarajanagar, acquitting the accused Nos.1 and 2/respondents herein for the offence punishable under Section 307 r/w 34 of the Indian Penal Code .

(2.) It is the case of the prosecution that on 21.08.2010 at about 9.00 pm, on a public road, running in between the houses of Marashetty and Nagashety at Kodalli village in Gundlupet Taluk, in the back drop of the ill-will nurturing against P.W.2-Javarashetty, because he had given a complaint to the panchayath in connection with accused No.1 turning away from the promise of marrying his daughter-Mahadevamma/ P.W.3, picked up a quarrel with P.W.2. During the said quarrel, accused No.1 voluntarily assaulted P.W.2 with a chopper on his head and accused No.2 assaulted P.W.2 with a club on the left side of his trunk with the intention of causing his death and caused grievous injuries. Accordingly, a complaint was registered in Crime No.287/2010 and thereafter, accused persons were arrested. After investigation, the jurisdictional police filed final report. The case was committed by the learned Civil Judge to the Court of learned Sessions Judge, who framed the charge, read over and explained it to the accused persons, who pleaded not guilty and claimed to be tried.

(3.) In order to prove its case, the prosecution examined P.Ws.1 to 8 and marked the material documents Exs.P.1 to 6 and Material Objects M.Os.1 to 6. After completion of the evidence of prosecution witnesses, the statement of the accused persons was recorded as contemplated under Section 313 of the Code of Criminal Procedure. The accused persons denied all the incriminating evidence adduced by the prosecution witnesses against them and did not lead any defence evidence.