STATE OF KARNATAKA Vs. RANGAPPA

JUDGEMENT

(1.) THE judgment and order of acquittal dated 6.5.2010 passed by the Sessions Court, Chitradurga, in S.C.No.56/2007, is called in question in this appeal by the State.

(2.) CASE of the prosecution in brief is that accused as well as the injured eye witnesses were belonging to Scheduled Caste; they were the residents of Vishwanathanahally Village; accused were feeling that the injured eye witnesses were dominant in the Village; they were in dictating terms in performance of jathra of temple in the Village as they were financially well off; in that regard, there was misunderstanding between the two groups; at about 8.50 a.m. on 21.1.2007, when P.Ws.1 and 6 were going by walk to Avinahatty Village from their house, accused followed them by forming unlawful assembly, armed with choppers, axe, clubs and stones etc. and picked -up quarrel with them on account of previous ill -will and jealous and abused them in filthy language and assaulted P.Ws.1 and 6; accused Nos.1, 2 and 4 assaulted PW.6 with choppers on his head and forehead and other accused also assaulted him with clubs and stones; thereafter accused Nos.1 to 3 assaulted PW.1, the first informant with choppers on his head and forehead and caused bleeding injuries. Certain omnibus statements are also made against other accused. The first information was lodged by PW.1 before PW.11, who was the Sub -Inspector of Police at Holalkere Police Station during the relevant time. Based on the said first information, he registered Crime No.27/2007 of the said Police Station. Ex.P1 is the first information. PW.11 conducted the investigation and laid the charge sheet.

(3.) IN order to prove its case, the prosecution in all has examined 12 witnesses and got marked 10 Exhibits and 9 Material Objects. On behalf of the defence neither any witness was examined and document was marked. The trial Court on evaluation of the material on record, acquitted the accused by giving them benefit of doubt.