STATE OF KARNATAKA Vs. MOHAN CHANDRAKANTH GHADI

JUDGEMENT

(1.) The State has challenged the Judgment dtd. 31/8/2019 passed in Criminal Appeal No.184/2013 by the learned I Additional District and Sessions Judge, U.K. Karwar sitting at Sirsi itinerary at Yellapur (for short, 'the appellate Court') acquitting the accused No.1/respondent of the offences punishable under Ss. 341, 324, 326 and 504 read with Sec. 34 of IPC.

(2.) For the sake of convenience, the parties shall be referred to as per their status before the Trial Court.

(3.) The case pleaded by the prosecution is that, P.W.3- Yallari Omanna Ghadi is a resident of Khamadolli village of Haliyal Taluka. He has constructed a house in a land jointly owned by him and his brothers. The accused No.1 herein is the grandson of brother of P.W.3. On 18/3/2010 at about 8.30 a.m., the accused No.1 along with accused No.2- Ramchandra dug up a pit for construction of septic tank in the land in possession of P.W.3. He requested the accused not to dig the soak pit. The accused did not oblige, objected, took up a quarrel against him. With a common intention to assault him, accused Nos.1 and 2 have wrongly restrained him, abused him in filthy language and insulted him. Accused No.1 by means of club assaulted on P.W.3 and fractured his left hand. P.W.1-Nakalu Ghadi, the brother of P.W.3 came to his rescue, but against him also by means of that club accused No.1 tried to assault on his head, but no injury was inflicted on his left hand. P.W.6-Smt Mangala Ghadi, P.W.4- Narayan Kammar and P.W.5-Mavalu Dharwadkar have came to rescue of P.W.1 and 2 and pacified the quarrel. Later P.W.1 and 3 were taken to the Government Hospital at Haliyal, where they were taken treatment and thereafter P.W.3 took treatment at Hubballi for the fracture. P.W.1 set the law into motion by filing the written complaint to Haliyal Police in Crime No.50/2010. P.W.7-A.P.Mujawar, the PSI has investigated the case and filed the charge sheet. The accused No.1 was arrested and brought before the Court on 22/3/2010, he was remanded to judicial custody, on 9/4/2010 he was released on bail.