SUJATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 397 of Code of Criminal Procedure, 1973 (for short ' Cr.P.C ') has been filed by the petitioner challenging the judgment and order dtd. 16/6/2010 passed by the Senior Civil Judge and JMFC, Kadur (for short the 'Trial Court') in C.C.No.29/2006 and the judgment and order dtd. 5/10/2015 passed by the I Additional District & Sessions Judge, Chikkamagaluru (for short the 'Appellate Court') in Crl.A.No.144/2010.

(2.) Heard the learned counsel appearing for the petitioners/accused and the learned High Court Government Pleader for respondent-State.

(3.) Brief facts of the case leading to filing of this criminal revision petition as revealed from the records are that, on 22/7/2005 at about 7.30 p.m, near old bus-stand, Kadur Taluk, the Taluk Municipal Council officials had brought a JCB to demolish the encroached petty shops. The accused persons who were in occupation of one such petty shop were running bonda businesss in the said shop. The property in which the petty shops were situated was allegedly purchased by PW4 and the accused persons were under impression that the TMC officials had come to the spot for demolition of petty shops at the instance of PW.4. When the officials of the TMC were removing the encroachment, accused nos.1 and 2 were abusing PWs.1 to 3 stating that they had supported PW4 for vacating petty shops. At that time, accused no.3 came to the spot and instigated accused nos.1 and 2 to throw acid on PWs.1 to 3. Accused nos.1 and 2 allegedly went inside their house and brought acid in a steel mug and threw the same on PWs.1 to 3 causing grievous hurt on the face and other parts of the body of PWs.1 to 3. PW6, the police constable who tried to pacify the dispute also sustained minor injuries when he tried to interfere. Accused no.3 allegedly assaulted PW4 with a club and caused simple injury to him. The Victims who had suffered injury as a result of acid attack on them were immediately shifted to Kadur hospital and thereafter shifted to Victoria hospital, Bengaluru. The statement of PW.1 was recorded by the police while she was admitted at Victoria hospital and on the basis of the said statement, FIR was registered against the accused persons in Crime No.200/2005 by the Kadur Police for the offences punishable under Sec. 326, 504, 114 R/w 34 of IPC . The police after investigation had filed charge sheet against the accused persons for the aforesaid offences.