STATE OF KARNATAKA Vs. GURUPRASAD UPPOORA AND ORS

JUDGEMENT

(1.) This appeal by the State is filed against the judgment and order of acquittal dated 4.8.2007, passed by the Fast Track Court, Udupi, in Crl.A.No.17/2006.

(2.) Case of the prosecution in brief is that accused Nos.1, 2 and PW.2 are brothers. Ill-will is generated because of the property dispute between the parties. Parties have approached the Civil Court. On the date of incident i.e., on 11.3.2003 at about 5.30 p.m., it is alleged that all the accused formed themselves into an unlawful assembly in Sy.No.66/11B at Ballikulli Village in Kundapur Taluk and caused hurt to PW.1 and her husband PW.2 with the use of iron rods and stones. They have committed rioting, consequent upon which PW.1 sustained simple injuries and PW.2 sustained grievous injuries.

(3.) In order to prove its case, the prosecution in all examined 7 witnesses and got marked 7 Exhibits and 4 Material Objects before the Trial Court, i.e., Court of JMFC., Kundapura. Trial went on for the offences punishable under Sections 143, 147, 323, 326 of IPC. The Trial Court on evaluation of the material on record, convicted accused Nos.1 and 4 for the offence punishable under Section 326 of IPC and sentenced to undergo simple imprisonment for one year and to pay fine of Rs.1,000/-, so also convicted all the accused for the offences punishable under Section 143, 147, 323 of IPC and sentenced them to undergo simple imprisonment for six months and to pay fine of Rs.500/-, etc.