STATE OF KARNATAKA Vs. RAVINDRA AND ORS

JUDGEMENT

(1.) This appeal is filed by the State against the judgment and order of acquittal passed by the Prl. Sessions Judge, Chikmagalur, in S.C.No.43/2006. The accused were tried and acquitted for the offence under Sections 504, 506, 324 and 327 read with Section 34 of IPC.

(2.) The case of the prosecution in brief is that, there is a long standing enmity between the accused on one side and PWs.1 to 4 on the other in respect of agricultural land bearing Sy.No.99/1 situated at Balagaru Village. Though the Deputy Commissioner has passed certain order in favour of the accused, still there exists dispute with regard to 17 guntas of land. A tree is standing on the said disputed land. On the date of the incident i.e., on 02.10.2005 at 7.00 a.m. PW4 started shouting loudly that he is being chased by the accused and that the accused would assault him. PWs.1 to 3 on hearing such cries of PW4 went to the scene and found that the accused were chasing PW4. When PW1 questioned the accused, he was assaulted by accused No.1 with kathi; when PWs.2, 3 and 4 tried to intervene they were also assaulted by accused Nos.2 and 3. Consequent upon which PWs.2 and 3 have sustained certain grievous injuries. PWs.1 and 4 sustained simple injuries. At the relevant point of time, PW4 wanted to pluck the leaves from the tree standing in the disputed land and consequently the incident has occurred. PWs.1 and 3 were sent to Wenlock Hospital, Mangalore, for treatment, whereas PWs.2 and 4 were treated in Government Hospital at Koppa. The Investigation Officer after completion of investigation laid charge sheet.

(3.) In order to prove its case, the prosecution in all examined 16 witnesses and got marked 22 exhibits and 12 material objects. On behalf of the defence no witness is examined and no document is marked. The Trial Court on evaluation of the material on record acquitted the accused.