STATE OF KARNATAKA Vs. GANESHA

JUDGEMENT

(1.) This appeal is preferred by the State challenging the acquittal judgment rendered by the trial Court in S.C.No.169/2013 dtd. 6/4/2016 whereby acquitting the accused for the offence punishable under Ss. 504, 324, 307 r/w 34 of the Indian Penal Code, 1860. In this appeal the Appellant/State is seeking to set- aside the judgment of acquittal rendered by the Court and to convict the accused for the aforesaid offences which are charged against them amongst the various other grounds urged in this appeal.

(2.) Heard learned HCGP for Appellant / State who is present before the Court physically and learned Senior counsel Sri P.P.Hegde for respondents / accused who is appearing through video conferencing. Perused the judgment of acquittal rendered by the trial Court in S.C.No.169/2013.

(3.) The factual matrix of the appeal are as under: It is transpired in the case of the prosecution that on 23/10/2012 accused Nos.1 to 3 with common intention to insult and to provoke breach of peace had questioned CWs.1 to 3 when they were pasting the posters of a neighbouring State School at Moodshedde area at about 11.45 p.m. and abused them in filthy language. As a result of exchange of words in terms of abusing, accused Nos. 1 to 3 alleged to have assaulted CW.1 with means of knife on his head and accused Nos.2 and 3 with wooden club and reaper over his person. In pursuance of the act of the accused on filing of a complaint by PW.1, criminal law was set into motion by registering the case in Crime No.157/2012 and whereby the FIR as per Ex.P14 came to be recorded. Whereas in the complaint made by PW.1 - Hyder Ali who is the injured and he has narrated in his complaint that accused Nos.1 to 3 said to have been assaulted over his person with means of knife and also with means of wooden club and wooden reeper as a result caused injuries over his person. Accordingly, PW.12 had given treatment to the injured and issued wound certificate as per Ex.P16.