UDAY KUMAR B.G. Vs. SHANTHA KUMAR

JUDGEMENT

(1.) The Original Complainant has filed this appeal under Sec. 372 of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as 'the Cr.P.C.'), challenging the judgment of acquittal dtd. 5/7/2017, passed by the learned I Additional Sessions Judge, Kolar (hereinafter for brevity referred to as the 'Sessions Judge's Court') in S.C.No.164/2014, acquitting the accused Nos.1 to 4 of the offences punishable under Ss. 504, 324 and 307 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as 'the IPC').

(2.) The summary of the case of the prosecution is that, in connection with drawing a separate water pipeline to the house of accused No.1 from a bore-well tank built for the common use of all the villagers of Gandlahalli which had taken place on 1/12/2013, the accused Nos.1 to 4 in furtherance of their common intention to assault and kill PWs-1 to 3, assaulted PWs-1 to 3 with two surgical blades and two clubs, on 2/12/2013 at 9.30 p.m., in front of Shri Chandramouleshwara Tempe situated at Gandlahalli Village within the limits of complainant police station and in the said process, also abused PWs-1 to 3 in filthy language and inflicted injuries upon them and thereby have committed offences punishable under Ss. 504, 324 and 307 read with Sec. 34 of IPC.

(3.) After perusing the materials placed before it and hearing both side, the Sessions Judge's Court framed charges against the accused Nos.1 to 4 for the offences punishable under Ss. 504, 324 and 307 read with Sec. 34 of IPC. Since the accused Nos.1 to 4 pleaded not guilty, the trial was held, wherein, in order to prove the alleged guilt against the accused Nos.1 to 4, the prosecution got examined in all sixteen (16) witnesses as PW-1 to PW-16, got produced and marked documents from Exs.P1 to P18 and got produced Material Objects from MO-1 to MO-5. From the accused Nos.1 to 4 side, ten (10) documents were got marked as Exs.D1 to D10.