CHINNA SHEDTHI Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioners along with 6 others were put on trial in the court of of the Additional Munsiff-Magistrate, Karkala for offences under Ss.447 379, 324, 148 read with S. 149 I.P.C.

(2.) In respect of certain lands called "Tehchery properties" situated in Ulipody village in Karkala Taluk, there was a dispute between Gundu Rukka-Shetty the husband of P.W. 1 Rathi Shedthi on the one hand and the accused on the other. Gundu Rukka Shetty was claiming to be in possession of a part of this property and others claiming to be also in possession of the same. It is an admitted fact that the accused persons were cultivating the major portion of this property and the dispute was only in respect of a small area. On 11-5-66, the accused persons went to the land and began to cut the crop. At that time, P.W. 1, Rathi Shedthi, wife of Gundu Rukka Shetty, obstructed them. There was exchange of words between them. According to Rathi Shedthi, A-1, A-2, A-7, and A-8 assaulted her with bill-hook and sickle causing her injuries. In the altercation, A-8 also sustained seme injuries. Dr. Shama Shetty, who is examined as one of the witnesses in this case, has stated that both Rathi-Shedthi and A-8 had sustained minor injuries.

(3.) The learned Magistrate, after discussing the evidence of the witnesses on behalf of the prosecution, came to the conclusion that the accused had not committed theft of the crop belonging to Rathi Shedthi nor had trespassed into her land. He also came to the conclusion that A-1, A-2, A-7 and A-8 did not assault P.W. 1. He was of the opinion that even though P.W. 1 sustained injuries in the evidence he came to the conclusion that she did not sustain those injuries in the manner as stated by her and her witnesses. In the result, he discharged all the accused persons of all the charges.