N. KRISHNAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS revision, preferred by the original Complainant, is directed against the concurrent Judgment and orders of the courts below acquitting the accused -respondent No. 2 to 5 herein of the offences punishable under Sections 323, 324, 326, 506 read with Sec. 34 of IPC.

(2.) IT is the case of the prosecution, on 03.05.1997 at about 5.00 pm at Karimaranahalli, the accused, in furtherance of their common intention, picked up quarrel with PW4 -original Complainant in respect of laying of bricks and thereafter the accused assaulted the Complainant -PW4 with brick on his right side of the head, right arm, fisted on his back and threatened him with dire consequences.

(3.) ON account of assault made PW4 sustained injuries and in the mean time, PW5, 6 and 7 came to the said place and rescued him. Thereafter, PW4 proceeded to Thyamagondlu Police Station at about 6.30 PM along with PWs 5, 6 and 7 and there he filed his first information as per Ex. P3. After filing Ex. P3 he went to Thyamagondlu Primary Health Center, where he was clinically examined by PW2, the Medical Officer, who is also examined again as PW9. The said Medical Officer advised him to go to higher hospital. On his advise PW4 on 05.05.1997 went to Dabaspete Government Hospital. There he was treated by PW8, the Medical Officer. X -rays were taken, which revealed that he had sustained fracture of his right ulna. He was referred back to the doctor at Thyamagondlu. Thereafter, it is the case of the prosecution, on 19.05.1997 PW4 came to Navarang Hospital at Bangalore and got himself treated with PW11, the Medical Officer. Thereafter, he took treatment at the hands of PW12, Medical Officer at Dabaspete. After having treated at Dabaspete, he got himself treated at Shekar Hospital, Bangalore on 07.07.1997. At the said hospital the fracture which he had sustained to right ulna was set right under surgery by PW13, the Medical Officer. He was discharged from the said hospital on 09.07.1997.