STATE OF MYSORE Vs. NARAYANAPPA

JUDGEMENT

(1.) A-1 to A-3 who are respondents 1 to 3 respectively in this appeal were prosecuted before the First Class Magistrate, Kolar, in C.C. No.1321 of 1968, for the offences punishable under S.326 read with S.34, and S.323 of I.P.C. They were acquitted by the trying Magistrate of all the offences with which they had been charged, by his order passed on 19th April, 1969. This appeal has been preferred by the State against the said order of acquittal made by the court below.

(2.) Briefly stated, the prosecution case was that on 8th March 1968, at ubout 9 a.m., at Kadalamari Village, in Chintamani Taluk, the injured, P.W.7 Subba Reddy, was dragged out of his cart by A-2 Mallila Appi Reddy and was assaulted by him with hand, and at the instigation of A-3 Kempasani Appireddy, A-1 Narayanappa stabbed P.W.7 with the dagger M.O.1 causing bleeding injury on the left side of his abdomen. A-1 Narayanappa and A-3 Kempasani Appireddy were charged with the offence punishable under S.326 read with S. 34 of the I.P.C. and A-2 Mallila Appireddy was charged with the offence of causing simple hurt to P.W.7 punishable under S. 323 of I.P.C.

(3.) The trying Magistrate was of the view that the prosecution had not been able to establish the offences charged beyond reasonable doubt against the accused persons, and therefore acquitted them as mentioned above. It is against the order of acquittal passed by the Court below that the Slate has filed this appeal before us.