STATE OF KARNATAKA Vs. SANTHOSH

JUDGEMENT

(1.) In this appeal the appellant / State is challenging the judgment of acquittal rendered by the I Addl.Sessions Judge, Chikkamagaluru in S.C.No.86/2013 dtd. 11/1/2016 whereby accused were acquitted for the offences under Sec. 504, 324, 326, 307 and 506 r/w 34 of IPC, 1860. Whereas the appellant/State is seeking intervention by re- appreciation of the evidence and so also, revisiting of the impugned judgment of acquittal and consideration of the grounds as urged therein. Consequently, to set-aside the acquittal judgment rendered by the trial Court and convict the accused of the offences which they have been charged.

(2.) Heard learned HCGP for State and learned counsel Sri K.S.Ganesha for respondent Nos. 1 to 4. Perused the judgment of acquittal in S.C.No.86/2013.

(3.) The brief facts of the appeal are as under: It is transpired in the case of the prosecution that on 20/5/2013 at around 6.30 p.m. PW.1 being the complainant was sitting in front his house, by the time accused Nos.1 to 4 abused him in filthy language and told them it is already rained and if anybody comes to the land, there will not be good signs. By saying so accused Nos.1 and 2 were abusing the complainant that the partition is not correct, and they have suffered some sort of injustice. In the meanwhile of that kind of exchange of words, altercation took in between them and accused No.1 assaulted PW.8 on his head part with iron rod. As a result he sustained some injuries. It is further transpired in the complaint that while PW.8 had come forwarded to pacify the incident, accused No.2 came and assaulted with means of chopper on his face saying that he would finish him. Since he went back during the assault, he sustained injuries on his nose and also on the ear. In pursuance of the act of the accused, on filing of complaint by the complainant namely Puttaswamy who is examined as PW.1 and so also, being injured and based upon his complaint, criminal law was set into motion by recording FIR at Ex.P10. Subsequent to registration of the crime PW.14 being investigating officer took up the case for investigation and investigated the case in entirety and laid charge sheet against the accused before the committal Court.