M. SHANTHA Vs. KANTHARAJ

JUDGEMENT

(1.) This petition of the complainant/victim arises out of the order dtd. 15/6/2016 in Crl.A.No.67/2013 passed by the I Additional Sessions Judge, Kolar. By the impugned order the first appellate court dismissed the appeal of the petitioner against acquittal of the accused Nos.1, 3, 4, 7 and 8 by the trial court for the offences punishable under Ss. 326, 504, 506 read with Sec. 149 of IPC.

(2.) On the basis of the complaint of the petitioner, the respondent and three others were prosecuted in C.C.No.326/2000 on the file of the Principal Civil Judge and JMFC, Malur for the offences punishable under Ss. 143, 147, 324, 326, 504, 427 and 506 read with Sec. 149 of IPC. Said charge sheet in turn was filed on the basis of complaint as per Ex.P-1. Respondents were accused Nos.1, 3, 4, 7 and 8 in the said cases.

(3.) It was alleged that on 23/1/2000 the accused forming themselves into unlawful assembly armed with clubs and iron rods trespassed into the house of the petitioner, broken window glasses of her house causing wrongful loss of Rs.1,000.00. It was further alleged that they abused petitioner in foul language. Accused Nos.3 and 8 assaulted her with iron rods and clubs and caused injury to her hands. It was further alleged that her brother-in-law (CW-2) Appajigowda intervened to rescue her, accused No.1 assaulted on his head with iron rod and 8th accused assaulted on his eye with iron rod and caused grievous injury. Accused left the scene of offence criminally intimidating the complainant/party.