STATE Vs. MARIYANNA S/O BOMMALINGAIAH AND ORS

JUDGEMENT

(1.) This appeal by the State preferred under Section 378(1) and (3) of the Code of Criminal Procedure is directed against the judgment and order dated 22.09.2006 passed in S.C.No.139/2001 by the Presiding Officer of Fast Track Court I, Bangalore Rural District, Bangalore acquitting the respondents / accused.

(2.) The brief facts of the case are:-

(3.) It is the case of the prosecution that, all these accused persons belong to BJP Party. The prosecution witnesses, viz., PWs 1 to 15 belong to Congress Party. On 23.02.2000, the elections were being held to Kalkere Grama Panchayath. As the accused and PWs 1 to 15 belong to two different parties, viz., BJP and Congress respectively there were differences between them. It is alleged on that day, when people were exercising their franchise at Kalkere Village at about 4.00 p.m., the prosecution witnesses entered into a clash with accused stating that they are getting bogus votes casted in favour of their Party Candidate. In that connection, an altercation took place between the two groups. At that point of time, it is case of the prosecution, the accused who were armed with chopper, clubs and stones damaged the house of CW-17 Kunnaiahn and also two motors cars and a motor cycle which had been parked near the said house. Apart from causing damage, they also attacked PWs 2 to 15 and caused them injuries by assaulting them with chopper, clubs and stones. It is the specific case of the prosecution that, Accuse No.1 assaulted PW-15 and PW-2 with chopper on their heads. Accused No.2 assaulted PW-3 with club on his left shoulder and leg. All the other accused assaulted the other witnesses with clubs, stones and hands. On account of assault made, PWs 2 to 15 sustained injuries. After the assault, the accused left the spot leaving the weapons at the said place. Thereafter, PW-1 proceeded to Magadi Police Station and filed his complaint before PW-23 PSI as per Ex.P1 at about 7.30 p.m. PW-23 on receipt of Ex.P1 registered a case in Cr.no.34/2007 for the offences punishable under Sections 143, 147, 148, 324, 427, 307 r/w 149 IPC and issued FIR to the jurisdictional Magistrate as per Ex.P7. Thereafter, he forwarded all the injured in the case to the Magadi General Hospital for treatment. Among the injured, except PWs - 2 and 15, the rest were all treated at the said hospital but PWs 2 and 15 were brought to Shekar Hospital, Bangalore for better treatment where they were treated by PW-21, the Medical Officer. The other injured were treated by PW-22, the Medical officer at Magadi General Hospital. PW-21 who treated PWs 2 and 15 at Shekar Hospital issued the wound certificate in respect of them as Exs.P8 and P9. In respect of the other injured, PW-22 issued a wound certificate as per Exs.P10 to P22 respectively. PW-23 thereafter recorded the statements of the injures witnesses and also proceeded to the scene of the offence and drew up the mahazar as per Ex.P2 in the presence of panchas PWs 6, 7 and 8 who are also the injured witnesses. PW-23 during the course of investigation arrested accused Nos.1, 12, 16, 17 and 18 on 24.02.2000; A2 and A8 on 29.05.2000, A3, A4, A5, A6, A7, A9, A10, A13, A14 and A15 o n 12.06.2000. On their arrest, he interrogated them and on completion of formalities got them remanded to judicial custody. Thereafter, PW-23 continuing investigation recorded the statements of the witnesses, collected the wound certificates from the respective doctors of the injured witnesses and on completion of investigation submitted final report against the accused before the jurisdictional Magistrate.