STATE Vs. MANJUNATH NARAYAN GOUDA AND ORS

JUDGEMENT

(1.) The State has preferred this appeal chal lenging the legality and correctness of the judgment and order dated 26.10.2010, passed in S.C.No.37/2006, by the Sessions Judge, Uttara Kannada, Karwar, acquitting the respondents/ accused of the charges under Sections 307 read with 34 of IPC, 324 read with 34 of IPC, 504 read with 34 of IPC and 506 read with 34 of IPC.

(2.) The brief facts of the case are:-

(3.) PW.12 after treating PW.2 sent an intimation to Siddapur Police Station, in response to which PW.11, the PSI came to the Government Hospital at Siddapur and there he recorded the oral complaint Ex.P.1 of PW.1, the brother of PW.2, who by that time had also accompanied PW.2 to the hospital . Thereafter PW.11 on the basis of Ex.P.1, registered a case in Crime No.27/2006 for the of fences punishable under Section 307, 324, 504, 506 read with Section 34 of IPC against he accused and issued FIR as per Ex.P.4 to the jurisdictional Magistrate (Note: PW.11, the PSI had recorded the complaint Ex.P.1 of PW.1, as PW.2 was not in a position to give his statement) . PW.11 thereafter proceeded to the spot of occurrence and there he drew up the spot panchanama as per Ex.P.3. At the time of Ex.P.3, he seized MOs.4 to 8 and MO.3, which was produced by PW.3, in the presence of panchas PWs.4 and 5. After completing Ex.P.3, he recorded the statement of PWs.3, 4, 5, 6 and other witnesses in the case. He also made efforts to trace and apprehend the accused. On 21.02.2006, he arrested accused No.2 and after subjecting him to medical examination, on completion of arrest formal ities, got him remanded to judicial custody. On 22.02.2006, he arrested the accused No.3 and after subjecting him to medical examination and on completion of arrest formalities, got him remanded to judicial custody. Thereafter on 24.02.2006, he handed over further investigation of the case to PW.9, the CPI.