STATE OF KARNATAKA Vs. BASAVANAGOUDA ALIAS BASAVARAJ N

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment and order dated 04.09.2010 passed by the Additional District and Sessions Judge, Fast Track Court, Chitradurga, in S.C. No.2/2007 acquitting the Respondents/Accused Nos. 1 & 2 of the charges levelled against them for the offences punishable under Sections 341, 326, 307 r/w.34 of IPC.

(2.) THE case of the prosecution in brief was that, PW.1 -Manjunatha and Accused No.1 -Basavanagowda @ Basavaraja N are cousin brothers. Accused No.1 was due some money to PW.1. In spite of repeated demands, Accused No.1 had not repaid the money. PW.1 was working as peon in Canara Bank, Bheemasamudra Branch, Chitradurga District. He was staying in Chitradurga and every day he was travelling to the Bank at Bheemasamudra on his motor cycle bearing registration No. KA.17.K.0095. In the morning of 19.04.2006, as usual, PW.1 left the house in Chitradurga on his motor cycle to go to the Bank. At about 10.00 am., while he was so proceeding on Beemasamudra Road, between Hireguntanur -Bommanahalli village, Accused No.1 joined by Accused No.2, way -laid PW.1 by coming over there on a motor cycle and restrained him from proceeding further, fell him from the motor cycle, dragged him to the road side land on the southern side and at that place, the accused with an intention to commit his murder, assaulted him with sickle and stone on his face and also on the head causing him grievous injuries. On hearing the sounds of screaming, PW.2 and his son -PW.3 working in the neighbouring land came there. On seeing PW.2 and PW.3 coming to the scene of occurrence, Accused Nos. 1 and 2 fledaway from the place on the motor cycle. By that time, PW.4 - Lakshmana Naika, a co -employee of PW.1, who was travelling in the bus to go to Bheemasamudra from Chitradurga, on seeing the motor cycle of PW.1 lying by the side of the road, got down from the bus and saw PW.1 lying injured. Thereafter, in an autorickshaw, PW.4 shifted PW.1 to the District Hospital, Chitradurga, where he was treated by PW.8 -Dr. P. Nagaraja Nayak. While PW.1 was taking treatment in the District Hospital, Chitradurga, the police came there, recorded his statement as per Ex.P1 and based on Ex.P1, case in Crime No.175/2006 came to be registered for the offences punishable under Sections 341, 326, 307 r/w. 34 of IPC.

(3.) AFTER initial treatment, the injured (PW.1) was shifted to NIMHANS, Bangalore and from there, to St. John's Medical College Hospital, Bangalore, where he was treated as inpatient till 16.05.2006. During investigation, the Investigating Officer visited the scene of occurrence, drew -up mahazar, recovered blood -stained stones and blood -stained clothes of injured PW.1, apprehended the accused and recovered two sickles (MOs. 1 and 2) from the respective houses of Accused Nos. 1 and 2.