STATE OF KARNATAKA Vs. DINESH

JUDGEMENT

(1.) Appellant/State feeling aggrieved by the judgment of Trial Court on the file of III Additional District and Sessions Judge, Hassan in S.C.No.123/2014 dtd. 2/2/2016 preferred this appeal.

(2.) Parties to the appeal are referred with the ranks as assigned in the Trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that there was ill-will between accused persons with CW.2 Thammannagowda in the matter of supplying milk to the Milk Dairy. On 28/2/2011 at Kabbali Village when CW.2 Thammannagowda was sleeping in the house of CW.12 Manje Gowda s/o. Sanne Gowda at about 10.30 A.M., both accused Nos.1 and 2 with an intention or knowledge to commit murder have assaulted on CW.2 Thammannagowda by means of chopper and caused grievous injuries. On coming to know about the incident through the daughter of one Padmamma, the wife of injured Smt. Shruthi with her mother and sister went to the spot and found her injured husband CW.2 Thammannagowda. On enquiry, her husband disclosed that both the accused by means of chopper have assaulted on him, due to which he sustained injuries. The injured CW.2 Thammannagowda was immediately shifted to Government hospital, Hassan on getting 108 Ambulance Van. Thereafter the wife of injured Smt.Shruthi, filed the complaint. On these allegations made in the complaint, the Investigating Officer after completion of investigation, filed charge sheet against accused Nos.1 and 2 for the offence punishable under Sec. 307 R/w. Sec. 34 of IPC.