STATE OF KARNATAKA Vs. FATTESAB

JUDGEMENT

(1.) The present appellant as the state/complainant had initiated a criminal proceedings against the present respondents arraigning them as accused for the offences punishable under Sec. 447, 504, 307 read with sec. 34 of the Indian Penal Code (hereinafter for brevity referred to as ' IPC ') in S.C.No.5019/2017 in the court of the learned First Additional District and Sessions Judge at Uttara Kannada (Karwar), sitting at Sirsi (hereinafter for brevity referred to as 'the Sessions Judge's Court'). After trial, the accused were acquitted of all the alleged offences. Seeking setting aside of the impugned judgment dtd. 30/4/2019, the State has preferred the present appeal under Sec. 378(1) & (3) of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as 'Cr.P.C.').

(2.) It is the case of the prosecution that a property dispute was going on between the informant and the accused persons with respect to an agricultural land. On the date 22/3/2016, the informant, his son and nephew, after cleaning their land in dispute bearing Survey No.14/14 measuring 6 guntas 8 annas situate at Agadi village and were returning home, the accused raising an objection as to why did the complainant uprooted the plants in the land and attempted to clean land, criminally trespassed into the land and assaulted the complainant. In the process, accused No.2 assaulted the informant on his head with a sickle with an intention to cause his death. Accused No.4 assaulted the informant on his left arm with a club, accused Nos.1 and 3 sat on the chest of the informant and assaulted him with their hands. Thus, the alleged act of the accused resulted in infliction of the injury upon the informant. However, the informant was rescued by his children and was shifted to hospital where, in the presence of the doctor, he gave his first information to the complainant-police which information was registered in the appellant-police station in Crime No.74/2016 against four accused for the offences punishable under Sec. 447, 504, 307 read with sec. 34 of IPC. After conducting investigation, the police have filed charge sheet against all the four accused for the offence punishable under Sec. 447, 504, 307 read with sec. 34 of IPC.

(3.) Since the accused pleaded not guilty, the trial was held wherein in order to prove the alleged guilt against the accused, the prosecution got examined seven witnesses from PW1 to PW17 and got marked fourteen documents from Ex.P.1 to P.16 and material objects M.Os.1 to 6. Statement of all the accused under sec. 313 of Cr.P.C., was recorded. Neither any witnesses were examined from the accused side nor any documents were marked as exhibits.