MOHANCHANDRA Vs. P. MOHAMMED

JUDGEMENT

(1.) This appeal is filed by the complainant, before the Trial Court challenging the judgment dated 5-7-2004 passed by the Prl. Sessions Judge D.K. Mangalore in S.C. No. 94/97 acquitting the accused of the offences under Sections 443, 452, 323, 364-A, 307 and 508 read with 34 I.P.C.

(2.) It is the ease of the complainant that himself and his brother Subhash Chandra are the residents of Panjigar in Kalanga village, Sullia Taluk. P.W. 3 Sarojini is their mother. They are living along with their family. A-5 is the younger brother of the father of the complainant. There was division of the property between the father of the complainant and A-5. However, there was dispute regarding 1.32 acres of land in Survey No. 112/4 between two brothers in respect of water channel. On 10.11.1994, A-5 filed the complaint before Bellare Police Out Post Sulia, alleging that the complainant and his family members were obstructed pathway on 9.11.1994 at about 5 p.m. and had put stones on the water channel and when they went to enquire about it, the complainant and his family members abused and threatened A-5 and his family members. On the basis of the said complaint, Accused No. 1 A.S.I and A-2 to A-4 being police constables went near the house of the complainant and they were summoned to the Police Station In the Police Station, it is the case of the complainant that they were beaten by the police and were ill-treated by them and were assaulted with lathis causing grievous hurt. and ultimately subjected them to torture in Bellare Police Out Post and thereby they are alleged to have committed an offence under Sections 448, 323, 367, 307, 506 read with 34 I.P.C.

(3.) The learned Sessions Judge has further framed charge for offence under Sections 452 and 366-A read with 34 I.P.C alleging that the accused had made preparations to commit house trespass by entering into the dwelling house and thereafter they were kept in the Police Station and were tortured both physically and mentally, thereby they are alleged to have committed an offence under Section 452 and 366-A read with 34 I.P.C.