STATE OF KARNATAKA Vs. CHOWDAPPA @ CHOWDEGOWDA

JUDGEMENT

(1.) The State has filed this appeal challenging the legality and correctness of the judgment of acquittal passed by the VI Addl.C.M.M., Bangalore, in C.C.No.18989/2003 dated 30th October, 2006.

(2.) On the basis of the complaint lodged by PW.2- Chandrappa before PW.1 M.Nanjaiah as per Ex.P.1, a case came to be registered for the offence under section 326 IPC against the respondent. Thereafter on completion of the investigation charge sheet was filed and the respondent was tried for the said offence i.e.326 IPC.

(3.) It is the case of the prosecution that the complainant PW.2 - Chandrappa and the accused are co-brothers. The complainant has married the elder sister of the wife of the accused. The relationship between the complainant and his wife was not cordial and that his wife was staying away from him in the house of his father-in-law Appanna Gowda at Ibbalur village. On 28.8.2003 when the complainant went to the house of his father-in-law, the accused, abused him in filthy language and assaulted him with a sickle, which resulted in grievous injury to his left palm. He was admitted to a private nursing home and thereafter, his statement was recorded by PW.1 H.C.No.565 as per Ex.P.1 and the same was registered in Crime No.614/2003 for the offence under Section 326 of IPC. Based on Ex.P.1, the case was investigated and charge sheet was filed.