BOCHEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the complainant/appellant against the judgment and order of acquittal dated 03.06.2015 passed in Sessions Case No.59/2012 by the III Additional District and Sessions Judge, Mandya Sitting at Srirangapatna (for short Trial Court ), for having acquitted the accused for the offences punishable under Sections 341, 504 and 324 read with Section 34 of IPC.

(2.) The ranks of the parties before the Trial Court are retained for the sake of convenience.

(3.) The case of the prosecution is that the Arakere Police, Mandya District, filed the charge sheet against accused Nos.1 to 4 and accused No.1 died in the same incident and a counter case was registered against the complainant and others in Crime No.179/2010. As per the complainant, that on 16.08.2010, at 10.00 a.m. when the complainant went to his land for cultivating, the neighbouring land owners i.e. deceased accused No.1- Madegowda and accused Nos.2 to 4 suddenly started abusing the complainant in filthy language and with a common intention to commit the murder of the complainant, picked-up a quarrel and assaulted the complainant and his son Pradeep with chopper and his son Pradeep fell down to the ground. At that time, the deceased Madegowda asked accused Nos.2 and 3 to flee away from the scene as if Pradeep died and some passerby pacified the quarrel and with the assistance of one Jitendra went to the Hospital at Mandya and took treatment. After obtaining the complaint from the complainant, the Police registered the case in Crime No.180/2010. The jurisdictional Police, after the investigation, filed the charge sheet. A counter-case was also registered against the complainant his son Pradeep in Crime No.179/2010. Both the cases were committed to the Court of Sessions and the Trial Court secured the presence of the accused and framed the charges. The accused pleaded not guilty and claimed to be tried.