PUSHPARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present Criminal Appeal is filed by the complainant- Pushparaj, against the judgment and order of acquittal dated 29.11.2017 made in S.C.No.76/2004 acquitting the accused persons for the offences punishable under Sections 143, 147, 148, 324, 307 r/w 149 of the Indian Penal Code.

(2.) It is the case of the prosecution that, the appellant/ complainant's father-Shantharaju, aged about 75 years had owned land bearing Sy.No.45 measuring 2 acres situated at Somanahalli, Uttarahalli Hobli, within the limits of Thalaghattapura Police Station, Bengaluru. He had grown fruit bearing plants and maintained it as garden surrounded with fence and gate and in the said land, there was BESCOM electric transformer supplying electricity power to in and around area. The accused No.3-Narayana (deceased) and the respondent Nos.2, 3 and 4 i.e., accused Nos.1, 2 and 4, being brothers and residents of Somanahalli, had a large extent of agricultural land and they also had sugarcane jaggery making unit (Aalemane) for which electricity was being supplied from the transformer fixed in the land of the appellant/complainant's father. The accused No.3- Narayana and his servant used to frequently enter into the land of the appellant's father for fixing the fuse in the transformer without informing BESCOM authorities and without obtaining prior permission. While doing so, they used to trespass into the land of the appellant's father and keep open the gate fixed to the garden land, thereby making way for animals to enter the garden and damage the plants grown by the appellant's father. The appellant's father Shantharaju advised accused No.3 not to do so, but Narayana continued to be adamant in his behaviour. On 09.05.1998, at about 6.30 or 7.00 pm, Shantharaju's son by name Francis Kumar and his son-in-law D.Francis, had been to the said garden land. At that juncture, while returning, near Joseph farm, the accused No.3 Narayana, accused No.1-Thimmaiah, accused No.4-Doddavenkatappa, their servant Naga @ Nagaraj picked up a quarrel and assaulted them. When Francis Kumar and D.Francis escaped and took shelter in the house of Mariswamy, there also, accused Nos.1 to 4, and said servant Naga @ Nagaraj forcibly ingressed into the house of Mariswamy and caused multiple injuries to Francis Kumar and D. Francis. Accordingly, accused No.3 Narayana lodged an FIR which was registered in Crime No.77/1998 for the offences punishable under Section 307 r/w 34 of the Indian Penal Code against the complainant and others and Shantharaju's son-in-law D. Francis also lodged a complaint which was registered in Crime No.78/1998 for the offences punishable under Sections 324 and 307 r/w 34 of the Indian Penal Code against the accused.

(3.) It is further alleged that on the same day i.e, on 09.05.1998 at 10.30 pm, when the complainant-P.W.1-Pushparaj, P.W.2- Sundarraj and P.W.3-David while returning to their house at Somanahalli after attending a marriage reception function at Thataguppe village, they had to pass through the house of respondent No.2/accused No.1-Thimmaiah, the appellant was way- laid in front of the house of respondent No.2 and respondent Nos.2 to 9 who were armed with choppers, clubs and iron rods assaulted the complainant, with an intention to commit his murder as he is the son of Shantharaju. When P.W.2 Sundarraj and P.W.3-David intervened to save the appellant, they were also assaulted with choppers and clubs and caused multiple injuries. The appellant lodged FIR before the Thalaghattapura Police Station which came to be registered in Crime No.80/1998 for the offences punishable under Sections 143, 147, 324, 307 r/w 149 of the Indian Penal Code. It is further stated that, in respect of the same incident, the respondent No.2/accused No.1-Thimmaiah also lodged a complaint stating that the appellant/complainant and others trespassed into his house, assaulted respondent Nos.2 to 4 and other family members and caused injuries, mishandled the articles kept in the house, which came to be registered as Crime No.79/1998 for the offences punishable under Sections 143, 147, 148, 448, 427, 324, 307, 341 r/w 149 of the Indian Penal Code.