STATE OF KARNATAKA Vs. HAYYALAPPA

JUDGEMENT

(1.) THIS appeal is filed by the State against the Judgment and Order of acquittal dated 18.12.2006 passed by the Presiding Officer, Fast Track Court-VI, Gulbarga in Sessions Case No.80/2004.

(2.) THE case of the prosecution in brief is that the Accused No.3 is a Pump Operator and he was in-charge of regulating the flow of water in the irrigation canal. The complainant and his family members had got grievance against Accused No.3 inasmuch as the complainant's family was of the opinion that Accused No.3 is acting in biased manner; the land of the complainant and the well wishers though entitled to equal share of water, could not use the water because of the biased attitude of Accused No.3 in stopping the water whenever required. On the date of the incident i.e. 1.11.2003, the complainant, the deceased, PW- 2, PW-3 and others were sitting on the katta of Basaveshwara temple in their village; at that point of time, complainant's brother ­ Basavanthraya (deceased) was passing near the temple; at that point of time, Accused No.1 ­ Hayyalappa after seeing the deceased, ran towards him, caught hold of him, shouted and called others to finish him on that day; Accused No.2 came with axe and assaulted Basavanthraya with force and consequently Basavanthraya sustained bleeding injuries. At that point of time, complainant went towards the deceased and enquired Accused No.2. Complainant was also abused by Accused No.2 and he was warned not to come in the middle of the quarrel and he will also be finished. So saying, complainant was assaulted by Accused No.2. Thereafter all other accused came near the spot and started pelting stones against the complainant, deceased and his brothers. On account of such incident, PW-2 also sustained bleeding injuries. Thereafter the victim ­ deceased who was lying at the spot with bleeding injuries was shifted to Basaveshwara temple katta and thereafter to Nimbarga hospital and from there, he was shifted to Gulbarga hospital and thereafter to Sholapur hospital. Complaint was lodged by PW-1 and the same came to be registered in Nimbarga Police Station by PW 16 ­ PSI. After due investigation, the charge sheet was filed against all the accused for the offences punishable under sections 143, 147, 148, 323, 324, 504, 506 (ii), 336, 307, 302 r/w 149 of IPC. Charges were also framed for the aforementioned offences. During the course of trial, the prosecution has examined 18 witnesses and got marked 19 Exhibits and 8 Material Objects. On behalf of the defence, 11 Exhibits were got marked. Ex.G1 is also marked, which is handwriting document of the doctor ­ PW 12. The trial Court on evaluation of the material on record, acquitted the accused.

(3.) PW -1 is the complainant. He is the brother of the deceased. He is an eye-witness to the incident. PWs.2 and 3 are also eye-witnesses to the incident who supported the case of the prosecution. PWs.4 and 5 though are the eye-witnesses, are not of much help to the prosecution inasmuch as they have turned hostile. PW-6 is a mahazar witness for the scene of offence panchanama ­ Ex.P10. He is also a mahazar witness for seizure of axe used by Accused No.2, from his custody under Ex.P11. PW-7 is the Secretary of the Panchayath, who has deposed that he is working as a Pump Operator of the Village Panchanath. PW-8 is the mahazar witness for seizure of the clothes of the deceased as per Ex.P13. PWs.9 and 10 are the inquest panchas for the inquest panchanama ­ Ex.P14. PW-11 is the Head Constable who carried the FIR to the Court. PW- 12 is the doctor who conducted post-mortem examination. Post-mortem report is at Ex.P15. Final opinion of the doctor as to the cause of death is at Ex.P16. PW-13 is the father of the deceased who came to the spot after the incident. He is a hearsay witness. PW-14 is another mahazar witness for the scene of offence panchanama. PW-15 is the doctor who examined PW-2 and issued Wound Certificate ­ Ex.P17. PW-16 is the PSI who registered the case based on the complaint lodged by PW-1. PWs.17 and 18 are the Investigating Officers. PW-17 ultimately laid the charge sheet.