STATE OF KARNATAKA Vs. MAHANTHESHA

JUDGEMENT

(1.) THE judgment and order of acquittal dated 24.12.2009 passed by the Fast Track Court, Chitradurga in SC.No.44/2009 is called in question in this appeal by the State.

(2.) THE case of the prosecution in brief is that there was animosity between the complainant and his wife on one side and accused Nos.1 and 2 and their family members on the other with regard to the property of late Thimmanna; the complainant s wife as well as accused Nos.1 and 2 are closely related to late Thimmanna; there were cases and counter cases lodged earlier to the incident in question; on the date of incident i.e., on 9.11.2008 at about 5.15 p.m. accused Nos.1 to 5 allegedly came on motorcycle and trespassed into the house of complainant (PW.4); at that point of time, PW.4 was on terrace of the house, whereas his wife -PW.6, namely Bhagyalakshmi was inside the house; when PW.6 questioned the accused as to why they have entered her house, accused Nos.3 to 5 manhandled her by pushing and pulling her; she raised hue and cry and consequently, PW.4 who was on the terrace came out and he was also assaulted by accused Nos.3 and 5 with clubs, consequent upon such assault, the complainant -PW.4 sustained grievous injuries; immediately after the incident i.e., at about 5.30 p.m. complainant was taken to Challakere Government Hospital, wherein he was treated by Dr.Jayalakshmi -PW.1 and thereafter was referred the complainant to S.S. Hospital at Davanagere for higher treatment; the injured has allegedly taken treatment at S.S. Hospital, Davangere; the injured had sustained fracture of lower end of left radius; based on the records, the wound certificate came to be issued by PW.1 as per Ex.P1; in the meanwhile, when the injured was taken for treatment at Challakere Government Hospital, the intimation was sent to police; PW3 -Head Constable came to the hospital and recorded the statement of PW.4 as per Ex.P5 and registered the case in Crime No.411/2008 of Challakere Police Station for the offences punishable under Sections 143, 147, 148, 114, 323, 324, 354, 448, 504, 506 r/w. Section 149 of IPC. The police after investigation laid the charge sheet against all the accused for the offences punishable under Sections 143, 147, 148, 114, 323, 324, 354, 448, 504, 506, 307 r/w. Section 149 of IPC. The Trial Court framed the charges against all the accused for the offences punishable under Sections 143, 147, 148, 448, 504, 114, 323, 324, 506 and 307 r/w. Section 149 of IPC.

(3.) IN order to prove its case, the prosecution in all has examined 12 witnesses and 8 Exhibits, and 3 Material Objects. On behalf of defence, 3 Exhibits were got marked. On hearing and after considering the material on record, the Trial Court acquitted all the accused for the offences with which they were charged.