STATE OF KARNATAKA Vs. KUMARAVELU ALIAS KUMAR

JUDGEMENT

(1.) JUDGMENT and order of acquittal dated 31.8.2009 passed by the Fast Track Court, Bangalore in SC.No.807/2007, is called in question in this appeal by the State.

(2.) CASE of the prosecution in brief is that accused and PWs.1 and 7 were youngsters during the relevant time having age about 18 -19 years; they used to quarrel on flimsy grounds; on 12.5.2007 and 13.5.2007 due to certain petty matters there was wordy quarrel between PW.1 and accused; accused had threatened PW.1 with dire consequences; on the date of incident i.e., on 13.5.2007, at about 7.00 p.m. when PWs.1, 7, 10 and 11 were talking with each other near Water Tank at Cholanayakanahally, the accused with an intention to commit murder of PW.1 stabbed him with knife and caused bleeding injury; when PW.7 went to rescue PW.1, he was also stabbed by accused; consequent upon which PW.7 sustained grievous injuries; complaint came to be lodged by PW.1 as per Ex.P1 at about 00.30 hours on 14.5.2007 before PW.4 - Head Constable of Hebbal Police Station, Bangalore; the said complaint at Ex.P1 was reduced in writing by PW.4 and Crime No.161/2007 came to be registered for the offences punishable under Sections 307 and 506 of IPC against the accused; PW.13 is the Investigating Officer, who conducted the investigation and after completion of investigation, laid the charge sheet for the aforesaid offences.

(3.) IN order to prove its case, the prosecution in all has examined 15 witnesses and marked 11 Exhibits and 3 Material Objects. On behalf of the defence, no witness was examined. The trial Court on evaluation of the material on record and after hearing, acquitted the accused.