LAWS(KAR)-2022-4-74

KISHANRAO Vs. RAJKUMAR

Decided On April 20, 2022
Kishanrao Appellant
V/S
RAJKUMAR Respondents

JUDGEMENT

(1.) This appeal is filed by the victim in the complaint registered in Crime No.20/2012 on the file of Hulsoor Police Station. The investigating officer, after the investigation laid the charge sheet before the Committal Court. On committal of the case before the jurisdictional Sessions Court, the case is registered in Sessions Case No.175/2013 on the file of the Addl. District and Sessions Judge, Bidar sitting at Bhalki.

(2.) The learned Sessions Judge has acquitted the accused for the offences under Ss. 504 and 307 of IPC in terms of the impugned judgment dtd. 14/11/2014. The State has not preferred any appeal impugning the said judgment. Instant appeal is filed by Kishanrao, the victim of the incident.

(3.) The complaint marked at Ex.P.1 is lodged by Rajkumar s/o Venkat Rao Wagaji. The complaint reveals the following facts: The complainant's brother Kishanrao Wagaji is a businessman residing in Kutegaon Village, Taluk Balki. The complainant states that his brother Kishanrao had lent money to Vijaykumar Patil, a resident of the same village around a year ago before the complaint. In connection with the above-said loan transaction, Vijaykumar had offered a property near Shirwade Canal as security for the loan. This being the position on 22/1/2012, the complainant's brother Kishanrao told Vijaykumar Patil not to cultivate the land referred above till repayment of the loan amount. However, the brother of Vijaykumar Patil started asserting that the property belongs to him. When the complainant's brother was proceeding to Police Station to complain in this regard, Rajkumar obstructed the complainant's brother Kishanrao and started abusing Kishanrao in filthy language. It is further stated that the accused tried to assault Kishanrao with a sickle on his neck. Krishnrao to protect himself raised both his hands, which resulted in cut injuries on the fingers of both hands. The complainant states that he along with Rajkumar Bulla admitted the complainant's brother to the hospital in Government Hospital, Hulsoor. It is also stated in the complaint that Rajkumar fled from the scene of the offence. The complaint was registered by the Hulsoor Police around 1.00 noon on 22/1/2012. The police endorsement in the complaint reveals that FIR is registered for the offence under Ss. 307 and 504 of IPC after obtaining an MLC report from the hospital