STATE OF KARNATAKA Vs. DIVESH

JUDGEMENT

(1.) This appeal is filed by the State being aggrieved by the impugned judgment and order of acquittal dated 18-8-2014 made in Sessions Case No.124 of 2011 on the file of the Principal Sessions Judge, D.K., Mangalore, acquitting the accused persons for the offences punishable under Sections 324 and 307 read with Section 34 of the IPC.

(2.) It is the case of the prosecution that on 13-4-2011 at about 11:00 a.m., in front of the shop of P.W.2-Ummar Farooq at Jappinamogaru, Mangalore, accused Nos.1 to 3 in furtherance of their common intention, voluntarily caused hurt to P.W.2 and accused No.1 assaulted him with M.O.1- wooden club and caused grievous injuries. Based on the complaint filed by P.W.1, the jurisdictional Police registered a case in Crime No.102 of 2011. After completion of investigation, charge-sheet was filed against accused Nos.1 to 3 for the offences punishable under Sections 324, 307 and 506 read with Section 34 of the IPC. The case was committed to the Sessions Court. The learned Sessions Judge framed the charges against the accused persons and read over the same to them, they pleaded not guilty and claimed to be tried.

(3.) In order to prove the case, the prosecution examined ten witnesses as P.W.1 to P.W.10, got marked seven documents as Exs.P.1 to P.7 and marked material object as M.O.1.