STATE OF KARNATAKA Vs. R.V. RATHNAKARA

JUDGEMENT

(1.) This appeal is directed against the divergent findings of the courts below.

(2.) Prosecution was launched against the respondents/accused Nos. 1 to 4 alleging commission of offences punishable under sections 323, 325, 448, 504, 506 r/w 34 IPC.

(3.) The case of the prosecution is that there was ill-will between the complainant and accused No. 1 with regard to certain events that had taken place in the office of Life Insurance Corporation of India, Davanagere, where both of them were working. In this background, it is alleged that on 28.10.2008 at 6.30 p.m., when the complainant returned home after his work and his wife and children had gone to his in-laws' house on account of Deepavali festival, six persons came in a Honda City car bearing registration No. KA-17/M-8400, accused No. 1 kept watch outside; Accused Nos. 2 to 4 trespassed into the house of the complainant; Accused No. 2 abused the complainant in filthy language and gave a blow on the face of the complainant (PW-1) and other parts of the body. Accused No. 3 also hit him with fist on the stomach and on the left eye, due to which, he suffered severe injury and lost left eye; Accused No. 4 assaulted him with hands and thereafter all the accused went away from the spot.