(1.) THE learned Magistrate has acquitted the respondents (accused no.1 to 3) for offences punishable under Sections 341, 324, 504 r/w 34 IPC. Therefore, the State is before this court.
(2.) I have heard learned Government Advocate for the State and Sri.K.Ravishankar, learned counsel for accused.
(3.) IT is the case of prosecution that on 24.08.2008, at about 6.45 p.m., when PW.1 was going near the place of incident, accused no.1 to 3 came from his behind and assaulted him. They also pushed PW.1 into a gutter, trampled and kicked him. The accused assaulted PW.1 with stones. PW.3 -Saraswathi (wife of PW.1) and PW.2 -Kishore came and rescued PW.1 and he was shifted to General Hospital at Sullia.