STATE Vs. MURTHY P

JUDGEMENT

(1.) This appeal is filed by the State for setting aside the judgment and order of acquittal dtd. 15/2/2011 passed in C.C. No.433/2006 by the Principal Civil Judge (Sr. Dn.) and CJM, Shivamogga, acquitting the respondent accused for the offence punishable under Ss. 323, 325, 504 and 506 IPC.

(2.) The case of the prosecution is that on the complaint filed by the injured victim by name Srinivasa Reddy, S./o Rudrappa the Station House Office of Kote police station have registered the case in Crime No.83/2006 for the offences punishable under Ss. 325, 504, 506 IPC. The allegations are that in the evening hours of 15/4/2006 the complainant was having dinner along with his friends in a lunch home situated in front of the KEB Office. At that time the accused by name Murthy was creating nuisance by talking irrelevant things. Therefore, the complainant scolded him as to why he is not allowing them to have dinner. The accused picked up quarrel with the complainant but some persons pacified and sent him out from the lunch home. When the complainant was returning home his friend Jony and accused Murthy went to Wine Store and the complainant was standing near the said wine shop. At that time the accused picked up quarrel with the complainant and gave a blow with fist on his face. As a result of which the complainant has lost his three teeth and there was bleeding injury in the mouth. Meanwhile his friends Jony and Saleem stopped the accused from assaulting the complainant. At that juncture the complainant threatened to take away his life. After completion of the investigation, the police have filed the charge sheet. On appearance of the accused the trial Court has taken cognizance. The accused denied the charges read over to him and pleaded not guilty.

(3.) The prosecution in order to prove its case has examined one witness as PW. 1 and got marked 5 documents as EXs.P1 to P5 and the prosecution side was closed. Thereafter the statement of the accused under Sec. 313 Cr.P.C. was recorded, but the accused denied the case of the prosecution.