STATE OF KARNATAKA Vs. VENKATARAMANAIAH AND ORS

JUDGEMENT

(1.) State has preferred this appeal under Section 378(1) and (3) of CrPC, challenging the judgment and order dated 30-1-2006 passed in Criminal Appeal No 23 of 2002, by the Presiding Officer, Fast Track Court, Ramanagaram, wherein the learned Fast Track Judge has reversed the judgment of conviction and order of sentence dated 24-5-2002, convicting the respondents-accused for the offences punishable under Sections 324, 326 and 506 read with Section 34 IPC, passed by the Addl JMFC, Ramanagram, in CC No 1036 of 1997,

(2.) Facts leading to this appeal are as under:

(3.) Pw1 Madaiah on 30-8-1997 at 1.00 am, lodged a complaint before the Ramanagram rural police as per ExP1 stating that on 29-8-1997 at about 6.30 pm, the accused persons assaulted his brother Shivamadaiah (PW2) in connection with distribution of water from the canal. The complaint discloses that A-1 assaulted PW2 with a stone and A-2 and 3 assaulted PW2 with clubs on the back, hand and thigh of PW2. Police have registered the complaint in Crime No 214 of 1997 and forwarded the first information to the jurisdictional magistrate.