STATE Vs. KEMPEGOWDA

JUDGEMENT

(1.) This appeal is directed against the judgment rendered by the Trial Court in S.C.No.5046/2013 dtd. 25/11/2015, acquitting the accused for offences punishable under Ss. 143, 147, 447, 324, 307, 114, 504, 506 read with Sec. 149 of the IPC, 1860. This appeal is filed seeking to consider the grounds urged and consequently set aside the acquittal judgment and to convict the accused for the offences leveled against the accused persons.

(2.) Heard the learned HCGP for the State Shri Rahul Rai K and learned counsel Shri M. Sharass Chandra for Respondent Nos.1 to 7 who are present before court physically. Perused the acquittal judgment rendered by the Trial Court in S.C.No.5046/2013 consisting the evidence of PW-1 to PW-14 and so also the documents at Exhibits P1 to P23 inclusive of MO-1 to MO-7 and so also the exhibited documents on the part of the accused as D1 to D11.

(3.) The factual matrix of the appeal are as under. It transpires from the case of the prosecution that one Shashi W/o. C.S. Girish launched criminal prosecution against the accused by filing a complaint at Exhibit P1 and based upon her complaint, criminal law was set into motion by registering a case in Cr.No.158/2012 at Arakere P.S. on recording an FIR as per Exhibit P13. In her complaint, she has stated that in Sy.No.73 consisting of 7 guntas of land situated in the limits of Doddaharohalli village, which stands in the name of her father-in-law namely Sannegowda, already there was some dispute with regard to the said land between her father-in-law Sannegowda and his elder brother Ballarygowda and so also his sons, and that there was a quarrel ensued in between them. As on 27/8/2012 at around 7.00 a.m. complainant who is arraigned as PW-1 namely Shashi and her husband Girisha and also her father-in-law Sannegowda had been to the aforesaid landed property situated in the limits of Doddaharohalli village and they were engaged in their work in the landed property. On that day at around 9.30 a.m. when they were engaged in their work, Devegowda @ Ballarygowda and also his sons Kempegowda, Jayaramu, Ballarygowdas wife Devamma, Lakshmi, Asha, Usha and Ninge Gowda by forming an unlawful assembly, had proceeded to the land of Sy.No.73. On seeing the complainant and her husband namely Girisha C.S., the accused persons stated above who were unlawfully assembled, had committed criminal trespass into the aforesaid landed property and assaulted her husband namely C.S. Girisha on the left leg knee part with a handle of showel / spade. Due to the assault made by the accused persons, the said Girisha sat on the ground itself. At that time, one Jayaramu who is arraigned as Accused No.2 is also alleged to have assaulted Girisha on the head part with means of long. At the time of the incident, Girisha who put his left hand in order to rescue from the hit made by the accused. As he turned away his head, he had sustained injuries on his left shoulder and he sustained cut injury. When Jayaramu again hit with the long, Girisha sustained injury on his left hand. In the meanwhile of the altercation as narrated in the complaint, the accused Devamma and Lakshmamma had also provoked the other accused to finish the complainants husband C.S. Girisha. It is stated that Asha and Usha had abused the complainants husband C.S. Girisha in filthy language. Due to provocation by Jayamma and Lakshmamma, Kempegowda and Jayaramu had participated with other accused to commit the alleged offences. Due to screaming made by the complainant, PW-1 / Sashi and Sannegowda, the persons who were working nearby being neighbourers of the neighbouring land came to the scene of crime namely Satisha, Anil Kumar, Prakash and one Teju and they have quelled the incident. At that time, the aforesaid persons had threatened to take away the life of the complainant PW-1 Shashi and also threatened her husband C.S. Girisha. Subsequent to the incident, in terms of the assault made by the accused persons on the injured C.S. Girisha, accused had left the weapons alleged to be used by them at the said place itself. Due to the assault made by the accused, complainants husband C.S. Girisha sustained injuries and was shifted to Mandya District Hospital by securing a 108 Ambulance whereby he took treatment. On 27/8/2012, complaint at Exhibit P1 was lodged by her and based upon her complaint, criminal law was set into motion by registering the case and also by recording an FIR as per Exhibit P13 for the offences reflected in the FIR.