PUNDALIK MANIK ALAVANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been preferred by the appellant-complainant challenging the judgment of acquittal passed by the learned IX Addl. Sessions Judge, Belagavi in S.C. No. 129/2010 dated 20.07.2017.

(2.) We have heard Sri K.L. Patil, on behalf of Sri K.S. Patil, learned counsel for the appellant- complainant, Sri Shivaprabhu Hiremath, learned Addl. Govt. Advocate for the respondent No.1- State so also Sri Srikant T. Patil and Rohit S. Patil, for the respondents 2 and 3.

(3.) Brief facts of the case of the prosecution are that, complainant and the accused persons are the brothers, they jointly own R.S. No. 162/1A at Hire-Munavalli village. There was a dispute in between them for getting the bore well water. In that light, on 14.08.2009 at about 5 p.m. when the accused persons went to the land to share the water from the bore well to which father of the complainant objected. The accused persons with the common intention picked up quarrel with them and with an intention to commit murder of the complainant and his father, accused nos.1 to 3 thrown chilly powder in their eyes, accused No.1 assaulted the complainant with sickle and accused No.3 assaulted him with the club and tried to take away the life. In that light, a complaint has been registered. On the basis of the complaint a case has been registered in Crime No. 142/2009. After the investigation charge sheet was filed before the learned Magistrate, who in turn committed the case to the Principal District & Sessions Court, Belagavi. Later the case was made over to the learned 9 t h Addl. Sessions Judge, Belagavi. Learned 9 t h Addl. Sessions Judge, Belagavi, took cognizance of the case as against the accused Nos.2 and 3 as the accused No.1 has already expired. After hearing learned counsels appearing for the parties, charge was framed and the accused pleaded not guilty and claimed to be tried. As such, trial was fixed.