STATE OF KARNATAKA Vs. PRABHUSWAMY @ PRABHU

JUDGEMENT

(1.) The State has filed the present appeal against the impugned judgment and order of acquittal dated 27th October, 2014 made in S.C.No.18/2012 on the file of the Principal District and Sessions Judge, Chamarajanagara acquitting all the accused for the offences punishable under Sections 307 and 506 of IPC.

(2.) It is the case of the prosecution that about fourteen years back, P.W.5 Shailaja, wife of accused No.1 and cousin of the complainant -P.W.1 was married to the accused and out of their marriage two children were born. As the accused was addicted to gambling and drinking, he used to quarrel with his wife - Shailaja asked her to get the property of her father viz., from her parental home. About fifteen days prior to the incident, Shailaja had called the complainant and told him to take her to his home as she was unable to withstand the physical and mental torture given by her husband accused/respondent, who was threatening her with life, if she did not get property from her parental home and therefore, P.W.1 the complainant brought her back to his home. On 10.3.2011 at about 9.00 p.m. when the accused had come to the house of the complainant, he had quarreled with his wife for which complainant's son -P.W.2 - Nandeesha had taken exception and threatened him that if he continues with the said behaviour, he would throw him away from the house. It is further alleged in the complaint that on 13.3.2011 at about 11.00 p.m. when P.W.1 - complainant and P.W.2 - Nandeesha were asleep, P.W.1 - complainant woke up on hearing barking sound of the dogs and saw the accused holding a size stone and was about to throw the same over the head of P.W.2. Therefore, the complainant screamed and raised hue and cry due to which P.W.2 woke up and turned his head towards right side. As such the size stone fell on the left side causing injuries to his left head and he was also stabbed on his left shoulder with the knife by the accused. On hearing the hue and cry of P.W.1-complainant, other witnesses gathered there and caught hold of the accused, who also had some abrasions as he had fallen down while fleeing from the spot. Immediately, P.W.2 - Nandeesha and accused were put in the car and P.W.2 Nandeesha was admitted to the hospital and accused was handed over to the police station and a complaint was lodged against him. It was further alleged that the accused again had threatened the complainant P.W.1 that, if they did not give share in the property, they will not survive and he would kill them.

(3.) On the basis of the complaint lodged by P.W.1, the jurisdictional police registered a case against the accused in Crime No.94/2011 for the offences punishable under Sections 307 and 506 of IPC and on completion of the investigation, the Investigating Officer filed the final report to the jurisdictional Magistrate. The learned Magistrate after taking the cognizance of the offences, committed the case to the Sessions Court. On committal, the learned Sessions Judge framed the charges against the accused on 23rd April, 2012, read over and explained the same to the accused, who pleaded not guilty and claimed to be tried.