STATE OF KARNATAKA Vs. SOMU ALIAS SOMASHEKAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of acquittal passed by the District and Session Judge, Chikaballapur in S.C.No.116/2008 dated 25.07.2012. By the said judgment, the respondent is acquitted of the charges leveled against him for the offences under Sections 307, 504, 506 of IPC.

(2.) THE case of the prosecution in brief is that the accused went to Dhanalakshmi wine store belonging to the complainant Venkataram, of which P.W.4 Mohan was a Cashier. When cashier refused to supply the liquor, free of cost as demanded by the accused, he took the knife and threatened him to kill them. Immediately, the Cashier informed about the said aspect over phone to the owner of the shop namely, Venkataram (the complainant); who in turn came immediately to Wine shop. When he asked, the accused took out the knife from his shirt and tried to assault the complainant Venkataram and under the process of avoiding, the complainant had sustained two simple injuries on his palm. It is also alleged that the accused abused and insulted Venkataram in filthy language.

(3.) P .W.3 is the injured eye witness. P.W.4 is the Cashier of the wine shop namely, Mohan. He has turned hostile. Though P.Ws.5 and 6 are the eye witnesses, they were not fully supported the case of the prosecution.