STATE Vs. MONNAPPA GOWDA

JUDGEMENT

(1.) Aggrieved by the judgment and order dtd. 24/11/2014 passed by the V Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, sitting at Puttur, Dakshina Kannada, in Criminal Appeal No.52/2007 acquitting the accused for the offence punishable under the provisions of Sec. 326 of IPC, the State has preferred this appeal.

(2.) For the sake of convenience, the parties are referred to as per their status before the trial court.

(3.) The case of the prosecution is that on 8/12/1998 at about 7.30 p.m. at Kadira of Murulya village, Sullia Taluk, accused nos.1 to 4 with a common intention voluntarily caused hurt to PW.1 - Monappa Gowda and PW.2 - Pergade Gowda and to criminally intimidate PW.4 - Smt. Yamuna, accused nos.2 and 3 have voluntarily caused grievous hurt to PW.2 armed with sickles M.O.4 to M.O.6, which were used as weapon for the offence likely to cause death and thereby caused grievous hurt and accused no.1 voluntarily caused hurt to PW.1 with sickle and accused no.4 caused hurt to PW.1 with club M.O.1, which were used as deadly weapons and thereby caused simple injuries and insulted PW.4 by using abusive words and provoked her to commit breach of peace and in furtherance of their common intention criminally intimidated PW.4 by uttering the words and giving life threat to cause hurt to her husband and thereby committed the offences punishable under the provisions of Sec. 504 , 324 , 326 , 506 r/w 34 of IPC .