STATE OF KARNATAKA Vs. VISHWANATHA S ANCHAN

JUDGEMENT

(1.) THE State being aggrieved by the judgment of the Trial Court dated 7-11-1997 in S. C. No. 40/94 in acquitting the accused respondent for an offence punishable under S. 307 of IPC, has preferred this appeal against acquittal.

(2.) THE prosecution case in brief is that there were some differences between the family of PW Nos. 1 to 5 and PW-7 on the one hand and the accused and his father on the other hand. On 29-8-1993 at about 4. 30 P. M. PW-2 was passing in front of the house of the accused and the accused is alleged to have abused PW-2 in Tulu language. Thereafter, PW-2 went to his house and reported to his mother about the incident. Thereafter, PW-2 after about 20 minutes, left his house to go the shop of PW-6 near the junction of Moodabidri-Shirthady road. After sometime, PW-2 noticed that the accused was chasing PW-2 with an axe in his hand. On seeing the accused, PW-2 took to his heels and when PW-2 was near the 'daviadakallu' situated on Moodabidri Shirthady road, the accused assaulted PW-2 with the axe on the back of his head. On account of the blow sustained by him, PW-2 fell down at the spot. Thereafter the accused assaulted PW-2 on his nose, chin and on his legs. The said assault was according to the prosecution, witnessed by PWs 3, 4, 5, 6 and 8 apart from PW-7. Looking at the condition of PW-2, PW-7 brought him to Alva Health Centre, Moodabidri in an autorickshaw. The police arrived at Alva Health Centre and recorded the complaint of PW-1 as per Exhibit P1. PW-2 was removed to K. M. C. hospital in a car for better treatment.

(3.) IT is the case of the prosecution that after PW-2 was admitted in the Alva Health Centre, PW-12 P. S. I. was informed about the same on phone. He immediately came to Alva Health Centre and thereafter recorded the complaint of PW-1 as per Exhibit P1. In the meantime, PW-2 had been shifted to KMC Hospital, Manipal. PW-12 thereafter returned to the Police Station along with the complaint Ex. P1. On reaching the Police Station, PW-12 the P. S. I. on the basis of the complaint Ex. P1 registered a case in Crime No. 91/93 for an offence under S. 307 IPC against the accused and issued F. I. R.