STATE OF KARNATAKA Vs. RAJAPPA; JAGADEESHA

JUDGEMENT

(1.) The judgment and order of acquittal dated 14.2.2008 passed by the Court of JMFC., Shikaripura, in CC.No.982/2003 is appealed against by the State.

(2.) The accused were tried for the offences punishable under Sections 326 and 324 r/w. Section 34 of IPC. Case of the prosecution in brief is that the accused are the sons of Mahadevappa and whereas the injured PWs.1, 4 and 5 are the sons of Mallappa. PW.6 is the injured wife of Mallappa. Mahadevappa and Mallappa are brothers inter se. It seems there was a dispute with regard to agricultural land measuring 6 acres. According to prosecution, accused were entitled to 3 acres and PWs.1, 4, 5 and 6 were entitled to remaining 3 acres of the land. However, the accused allegedly encroached upon 1 acre of land belonging to PWs.1, 4, 5 and 6 and therefore there used to be quarrels.

(3.) At about 8.30 a.m., on 1.7.2003, in the backyard of PW.1 situated at Mudalgere Village, accused picked up a quarrel with PWs.1 and 4 in respect of the land and assaulted with club on the head and other parts of the body and when PWs.5 and 6 intervened to pacify the quarrel, the accused assaulted them also with clubs, consequent upon which, PWs.4 and 5 sustained simple injuries and PWs.1 and 6 suffered grievous injuries. Complaint came to be lodged by PW.1 as per Ex.P1 at about 3.00 p.m. on 1.7.2003. Based on which Crime No.149/2003 is registered in Shikaripura Police Station for the offence punishable under Section 324 r/w. Section 34 of IPC. The police after investigation, laid the charge sheet against both the accused for the offences punishable under Sections 324, 326 r/w. Section 34 of IPC.