(1.) THE judgment and order of acquittal passed by the Sessions Court, Mysore, in S.C. No.45/2005 is called in question in this appeal by the State. The respondents/accused were tried and acquitted for the offence under Sections 143, 147, 148, 307, 324 r/w 149 of IPC.
(2.) THE case of the prosecution in brief is that the respondents herein had got ill will against PW.2 and others; the respondents herein are belonging to schedule tribe, whereas PW.2 and his relatives are belonging to schedule caste; there were number of differences of opinion on various counts between the two groups; on the date of the incident i.e., on 16.08.2003 at about 7.30 p.m. when PW.2 was in his agricultural land, all the accused came to the spot armed with weapons to commit the murder of PW.2; PW.2 Mallappa was assaulted brutally by the accused on various parts of the body; the accused went away from the scene thinking that PW.2 is dead; PW.2 thereafter went to nearby village i.e., Chowhalli village; the villagers of Chowhalli village brought the victim (PW.2) to his house in the auto rickshaw; and thereafter PW.2 was taken to hospital for treatment. PW.1 the brother of PW.2 having come to know about the incident from PW.2 went to T.Narasipura Police Station and lodged the complaint as per EX.P1 at 9.30 p.m. on 16.08.2003 before PW.21 the PSI who in turn registered the Cr.No.69/2003 of the said police station. The police after due investigation laid the chargesheet against all the 11 accused.
(3.) IN order to prove its case the prosecution in all examined 22 witnesses and got marked 15 exhibits and 15 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 all the accused.