NARAYANASWAMY Vs. NARAYANASWAMY AND OTHERS

JUDGEMENT

(1.) THE present petitioner was the complainant in case bearing Crime No. 259/2007 of the Kolar Rural Police Station. The same was thereafter registered as SC 224/2007 on the committal of the case to the court of the Principal sessions Judge, Kolar. The case of the prosecution in a nutshell is that on the morning of 27.3.2007 at about 10.30 a.m., the respondents -accused formed themselves into an unlawful assembly and assaulted Venkateshappa who is also known and called as Venkatesh, PW.1 Narayanaswamy, PW.2 Ramesh, who are the brothers of Venkatesh and Smt. Shyla, the wife of the deceased with deadly weapons, such as choppers and clubs, at a point of time when the deceased Venkatesh was grazing the sheep over the bund of the tank in the village E. Kambahalli in the limits of Kolar Rural Police Station and that Venkatshappa, the injured succumbed to the injuries so sustained by him at the R.L. Jalappa Hospital, Kolar on the afternoon of 27.3.2007.

(2.) IT is contended that it was the case of the prosecution that the deceased had been attacked in the presence of independent eye witnesses, PW -4, 6 and 8. PW -1, 2 and 3 were injured eye witnesses to the incident. The evidence of these witnesses was consistent, inspite of which, the trial court having acquitted the accused, it is contended, was on mere technicalities which has resulted in a miscarriage of justice.