VENUGOPAL @ RAMAKRISHNAIAH Vs. STATE

JUDGEMENT

(1.) THIS appeal is filed by the accused against the judgment passed by the Fast Track Court, Tiptur, in Criminal Appeal No.120/2010, dated 23.2.2012 reversing the judgment of acquittal of the accused passed by the learned Civil Judge (Sr.Dn.) and JMFC, Turuvekere, in C.C.No.618/2007, dated 28.6.2010.

(2.) ACCORDING to the case of the prosecution, the alleged incident took place on 7.10.2007 in the midnight at 1.30 a.m. when the accused assembled at Basaveshwara Temple, at Arehalli. While the orchestra was being conducted, accused were making galata, at that time, complainant went there and asked the accused why they are making galata when all the relatives have come for function. At that time, accused Nos.2 and 3 caught hold of the complainant tightly and accused No.1 voluntarily made him to fell down and assaulted with chopper on the right knee.

(3.) ON the complaint filed by the complainant Mayannagowda alleging offences punishable under Sections 323, 324, 326 r/w. Section 34 of IPC, the police after investigation, filed charge sheet. On behalf of the complainant, 12 witnesses were examined and 9 documents at Exs.P -1 to P -9 and M.O.1 chopper were got marked. Accused were examined under Section 313 of Cr.P.C. After hearing, the trial Court held that prosecution has failed to prove the case against the accused beyond reasonable doubt and accordingly, acquitted the accused. Against the order of acquittal, complainant filed appeal in Criminal Appeal No.120/2010. By the impugned order, the Fast Track Court allowed the appeal setting aside the order of acquittal. The stand taken by the complainant is that there is consistency in the evidence of complainant and eye witnesses regarding the incident. Their evidence is corroborated by the evidence of the doctors. However, the same has not been taken note by the trial Court and wrongly it has acquitted the accused.