D REDDEPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Shivashankar Amarannavar, J 1. The complainant has filed this appeal under Sec. 372 of Cr.P.C. challenging the judgment of acquittal passed in S.C. No. 155/2012 dtd. 22/6/2015 by the Principal Sessions Judge, Kolar whereunder the respondent Nos. 2 to 15 /accused Nos. 1 to 14 were acquitted for the offence punishable under Ss. 144, 148, 323, 307, 504 and 302 read with Sec. 149 of Indian Penal Code.

(2.) The facts in brief are that there was a quarrel between the complainant and the accused. The accused had threatened the complainant to leave the village. On 18/8/2012 at 08.00 pm, when the complainant after having meals was talking in his house with his wife, mother, children, mother-in-law - Smt. Byamaa and sister - Smt. Reddamma, all the accused trespassed in to his house by abusing him in filthy language as 'boli magane' on the ground that inspite of directions given to him, he did not leave the village and threatened him and his family members. The accused were possessing knives, clubs etc., and he was assaulted by hands and was also kicked. When his sister Smt. Reddamma tried to intervene, she and his wife were assaulted and apprehending threat to his life, when he came out of the house, the accused chased him and when his sister Smt. Reddamma came out and intervened, at that time the accused Nos. 4 and 11 caught hold of her and the accused Nos. 1 to 3 and 10 stabbed on her chest with knives 3 to 4 times and as a result, she collapsed at the spot. When the villagers started gathering there on hearing their cries, the accused ran away from the spot. Immediately, the complainant with the assistance of others shifted Smt. Reddamma to Government Hospital, Mulbagal where the Doctor had declared that she was brought dead. Thereafter, the complainant went to Nangali Police Station and lodged a complaint in this regard. On the basis of the complaint, the Investigating Officer undertook investigation. After completion of investigation the Investigating Officer has filed charge sheet against the accused. The charge for offence under Ss. 144, 148, 323, 307, 504 and 302 read with Sec. 149 IPC came to be framed. The accused pleaded not guilty and claimed to be tried. The prosecution has examined in all 24 witnesses as P.W.1 to P.W.24 and got marked 48 documents as per Ex.P.1 to Ex.P.48 and 18 material objects as M.O.1 to M.O.18. The statement of the accused came to be recorded under Sec. 313 Cr.P.C. and they have denied the incriminating evidence against them. The accused did not choose to lead any defence evidence. The learned Sessions Judge after hearing the arguments on both the sides, formulated points for consideration and on appreciation of the evidence has acquitted respondent Nos. 2 to 15 - accused Nos. 1 to 14 of the charges leveled against them. The said judgment of acquittal has been challenged by the complainant in the present appeal.

(3.) Heard the arguments of Sri. S.B. Pavin, learned counsel for the appellant, Sri. Vijaykumar Majage, learned Additional SPP for respondent No. 1 and Sri. Srinath B.V. for Sri. M.R. Nanjunda Gowda, counsel for respondent Nos. 2 to 15 - accused Nos. 1 to 14.