ADAM AND OTHERS Vs. U. HUSSAINER AND ANOTHER

JUDGEMENT

(1.) Criminal Appeal No. 161/2010 is filed by the State against the judgment and order of acquittal dated 26.9.2009 passed by the Presiding Officer, Fast Track Court, Puttur, Dakshina Kannada in S.C. No. 112/2006. Criminal Appeal No. 1138/2010 is filed by the complainant (P.W. 1) viz. Adam against the very judgment and order of acquittal dated 26.9.2009 passed by the Fast Track Court, Puttur, Dakshina Kannada in S.C. No. 112/2006.

(2.) Case of the prosecution in brief is that at 5.40 a.m. on 28.9.2005, the accused intentionally insulted the injured Razak Haji in front of Jumma Masjit gate at Uppinangady and assaulted him with talwar and threatened him with dire consequences; injured Razak Haji sustained injuries on the left arm. In order to prove its case, the prosecution in all examined 17 witnesses and got marked 11 Exhibits and 6 material objects. On behalf of the defence, no evidence was let in. The accused was tried for the offences punishable under sections 504, 506 and 307 of I.P.C. He is acquitted by the Trial Court on the ground that the prosecution has not proved its case beyond reasonable doubt.

(3.) Sri B.T. Venkatesh, learned S.P.P.-II for the State and Sri S. Mahesh, learned advocate appearing on behalf of the complainant argued in support of their respective appeals i.e., Criminal Appeal No. 161/2010 and Criminal Appeal No. 1138/2010. Both of them have taken us through the material on record and the judgment of the Court below. They contend that the Court below is not justified in disbelieving version of the eye-witnesses viz., P.Ws. 1 to 6; the evidence of P.Ws. 1 and 6 is consistent, cogent and reliable; the case of the prosecution is supported by the evidence of the doctor-P.W. 11 who treated the injured and issued the wound certificate - Ex. P-5. Per contra, Sri Vishwajith Shetty, learned advocate for the accused argued in support of the judgment of the Court below.